Across the country, the Satanic Temple, an IRS-recognized atheist church with some 300,000 devotees, is waging a legal battle it says is for religious liberty, using tactics that have proved effective for Christian groups. The church, which preaches both empathy and the "freedom to offend," has filed at least seven…
ERLC, others urge court to correct school-choice ruling
In this Nov. 2, 2020, file photo the Supreme Court is seen at sundown in Washington. President Joe Biden has two seats to fill on the influential appeals court in the nation’s capital that regularly feeds judges to the Supreme Court. (AP Photo/J. Scott Applewhite, File) WASHINGTON (BP) – The…
Abellanosa: Is religion essential?
THE word “essential” has been highlighted since the Philippines and the rest of the world have imposed lockdowns in their political and geographic jurisdictions. In relation to the quarantine, both strict and modified, the term essential describes those activities that are most needed for the country to survive and thrive.…
Satanic Temple lawyers try legal tactics from Christians
Across the country, the Satanic Temple, an IRS-recognized atheist church with some 300,000 devotees, is waging a legal battle it says is for religious liberty, using tactics that have proved effective for Christian groups. The church, which preaches both empathy and the "freedom to offend," has filed at least seven…
Maine likes not-too-religious schools
WASHINGTON — Decades ago, the Supreme Court ruled that the First Amendment’s prohibition of “establishment” of religion was violated if the government supplied maps to religious schools, but not if it supplied books. So, Sen. Daniel Patrick Moynihan, D-N.Y., mischievously wondered: What about atlases, which are books of maps? Now…
Maine likes not-too-religious schools
Decades ago, the Supreme Court ruled that the First Amendment’s prohibition of “establishment” of religion was violated if the government supplied maps to religious schools, but not if it supplied books. So, Sen. Daniel Patrick Moynihan, D-N.Y., mischievously wondered: What about atlases, which are books of maps? Now comes another…
GEORGE WILL: Maine likes not-too-religious schools
GEORGE WILL Decades ago, the Supreme Court ruled that the First Amendment’s prohibition of “establishment” of religion was violated if the government supplied maps to religious schools, but not if it supplied books. So, Sen. Daniel Patrick Moynihan (D-N.Y.) mischievously wondered: What about atlases, which are books of maps? Now…
SCOTUS 8-1: Student Has Standing in First Amendment Case Against College
In Uzuegbunam v. Preczewski , 592 U.S. ___ (2021), the United States Supreme Court held that plaintiffs asserting constitutional rights have standing to sue for past injuries, even if they only seek nominal damages. The decision is significant for public entities, but especially public schools, colleges and universities. In Uzuegbunam…
Virginia Becomes Second State To Adopt Comprehensive Privacy Law
[co-author: Gabriella Manduca] On March 2, 2021, Virginia Gov. Ralph Northam signed into law the Virginia Consumer Data Protection Act (CDPA), making Virginia the second state after California to enact comprehensive privacy legislation. The CDPA will become effective on January 1, 2023, the same day the California Privacy Rights Act…
Supreme Court Silences Institutional ‘Wokeness’
COMMENTARY: The court’s 8-1 decision in Chike Uzuegbunam v. Preczewski is a victory for religious freedom. United States Supreme Court building in Washington, D.C. (photo: Brandon Bordages / Shutterstock) The Supreme Court on Monday decided Chike Uzuegbunam v. Preczewski . It’s a huge victory for religious freedom and strikes a…
Pray out loud before they play? Florida bill would give schools mic before high school games
State Rep. Webster Barnaby has filed a bill seeking to give high schools the right to say anything, including prayers , using the stadium microphone before high-school playoff games. The bill touches on the First Amendment rights to practice one’s faith and free speech and to be free from government-imposed…
Pray out loud before they play? Florida bill would give schools mic before high school games
State Rep. Webster Barnaby has filed a bill seeking to give high schools the right to say anything, including prayers , using the stadium microphone before high-school playoff games. The bill touches on the First Amendment rights to practice one’s faith and free speech and to be free from government-imposed…
Capitol riot shaman puts spotlight on religious diets for prisoners
Jacob Anthony Chansley is shown standing at the dais in the U.S. Senate chamber on January 6 during the riots at the U.S. Capitol. This image from Twitter is part of the U.S. Department of Justice’s complaint. March 3 (UPI) — Special diets for prisoners based on their religious practices…
When religion comes in conflict with the law
As a professor of Law since 1977, I always come across cases when the laws of the State collide with the teachings of the Church, and I always find refuge in many provisions of our Constitution on the separation between the Church and the State, as well as the freedom…
Considering a Common Phrase as a Trademark? Don’t Expect it to be Registrable.
There have been a number of recent Trademark Trial and Appeal Board (TTAB) cases involving phrase marks. In all instances, the phrases have been refused registration not because of descriptiveness or misdescriptiveness of any kind, but because they fail to function as trademarks due to their informational characteristics and widespread…
Alabama’s Denial of Religious Support to Condemned Man Leads to Stay of Execution
The U.S. Supreme Court yesterday barred the State of Alabama from executing Willie Smith because it had refused to allow his pastor to be present with him in the execution chamber. An opinion from the Court stated that “Alabama has not carried its burden of showing that the exclusion of…
EEOC Updates Its Compliance Manual on Discrimination
Agency updates religious discrimination for first time in over a decade The Equal Employment Opportunity Commission (EEOC) has updated the section of its Compliance Manual on religious discrimination in the workplace. The updated section on religious discrimination was published in January 2021 after a short review period and a 3-2…
Archdiocese of Chicago to court: Let parishes choose their staff
Washington D.C., Feb 10, 2021 / 04:00 am MT ( CNA ).- Attorneys for the Archdiocese of Chicago argued before the Seventh Circuit on Tuesday that parishes should be free to choose church leaders without government interference. In the case of Demkovich v. St. Andrew the Apostle Parish , the…
Experts say decision on Rice Memorial High School student’s lawsuit shows federal courts’ favor of religious rights
Rice Memorial High School is seen at night. A recent federal appeals court decision regarding a case in Vermont shows the United States Supreme Court is shifting the goalposts of what the Constitution originally deemed precedent, law experts say. Former President Donald Trump appointed a record number of federal judges…
Judge rejects Tony Spell’s request to quash criminal charges for defying COVID restrictions
Pastor Tony Spell of Life Tabernacle Church in Baton Rouge, Louisiana. A judge in Louisiana has rejected a motion filed by controversial Pastor Tony Spell to quash six misdemeanor charges filed against him for holding church services in violation of the state’s pandemic restrictions. Judge Eboni Johnson-Rose of Louisiana’s 19th…
Judge lets criminal counts stand against Central pastor Tony Spell; rejects 1st Amendment challenge
Controversial Life Tabernacle Church pastor Tony Spell talks Wednesday, May 13, 2020, just outside the front door of his residence behind the church. Judge Eboni Johnson-Rose rejected Central pastor Tony Spell’s attempt to throw out on 1st Amendment grounds Monday criminal charges that he violated Gov. John Bel Edwards’ emergency…
small business
Washington D.C., Jan 21, 2021 / 02:34 pm ( CNA ).- A proposal made on the last day of the Trump administration would make religious businesses eligible to receive loans from the Small Business Administration, removing previous restrictions. The U.S. Small Business Administration published a proposal Jan 19. that would…
small businesses
Washington D.C., Jan 21, 2021 / 02:34 pm ( CNA ).- A proposal made on the last day of the Trump administration would make religious businesses eligible to receive loans from the Small Business Administration, removing previous restrictions. The U.S. Small Business Administration published a proposal Jan 19. that would…
First Amendment 101
Libby Bakalar The events of this week have the First Amendment on top of everyone’s mind, so I thought I would do a VERY basic and quick review of some key questions about when and how it applies. First, here’s the full text, adopted in 1789: Congress shall make no…
Mandatory COVID-19 Vaccinations
Now that at least two COVID-19 vaccines have been made available, all employers, including AAMP members, must consider the various issues involved in deciding whether to make vaccination mandatory for their employees. On December 16, 2020, the Equal Opportunity Commission (EEOC) updated its previous COVID-19 guidance to address the vaccine…