The First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. This amendment…
On the Supreme Court’s shadow docket, the steady volume of pandemic cases continues
As the Supreme Court winds down for the holiday break, one thing that has not slowed is the flow of litigation arising from the COVID-19 pandemic. In November and December, the court handled seven emergency requests for relief related to COVID-19, six involving challenges by religious institutions to state crowd-restriction…
State constitution might protect consuming hallucinogenic mushrooms as a religious act, says N.H. Supreme Court
Consuming hallucinogenic mushrooms as part of a religious ceremony does not automatically “disturb the public peace” even though eating them is illegal, and therefore the act might be protected by the New Hampshire constitution, the state Supreme Court has ruled. Tuesday’s unanimous Supreme Court ruling does not mean that consuming…
Thousands Gather to Protect Religious Freedom from Government Interference
WASHINGTON, Dec. 19, 2020 /PRNewswire/ — Thousands from around the world will convene in an online rally organized by Right To Believe to call out gross judicial overreach by the DC Courts and denounce the way the DC Court has handled Case 2011 CA 003721 B. Thousands from around the…
Thousands Gather to Protect Religious Freedom from Government Interference
WASHINGTON, Dec. 19, 2020 /PRNewswire/ — Thousands from around the world will convene in an online rally organized by Right To Believe to call out gross judicial overreach by the DC Courts and denounce the way the DC Court has handled Case 2011 CA 003721 B. "We are rallying today…
Commissioner Smith pushes plan to return invocations before County Commission meeting
Brevard County Commissioner Curt Smith wants to bring invocations back at commission meetings — or at least just before them. Commission meetings haven’t had an invocation since November 2017, as a result of the county being sued in federal court in 2015 by three atheist, agnostic and humanist organizations and…
Funds to faith based schools in Vt.?
Vermont tax dollars may soon be going to faith-based elementary and secondary schools, if a case filed last week in Federal district court succeeds. The case is styled Valente v. French. The lead plaintiffs are Mt. Holly parents who send their son to the Roman Catholic Mt. St. Joseph Academy…
Ninth Circuit Rules for Calvary Chapel, Calls Diocese Case “Seismic Shift in Free Exercise Law”
In July, the Court ruled against Calvary Chapel, a church in Nevada. The unsigned opinion, which split 5-4, did not offer any analysis. Presumably, Chief Justice Roberts was willing to quietly stand by his South Bay concurrence. And the other four couldn’t be bothered to reply to the excellent dissent…
United States: EEOC Issues Proposed Updated Compliance Manual On Religious Discrimination
On November 17, 2020, the Equal Employment Opportunity Commission ("EEOC") published a proposed update to its 2008 guidance on religious discrimination in the workplace. The five member commission voted 3-2 to issue the proposed guidance with the two democratic members objecting. The proposed guidance can be accessed here . Although…
Lawrence adult entertainment club says Supreme Court decision on religious services should apply to local health order
The Douglas County Judicial and Law Enforcement Center is pictured in this file photo from Aug. 4, 2020. photo by: Journal-World File Photo In an ongoing legal dispute over a Douglas County health order that limits bars’ operating hours amid the coronavirus pandemic, an attorney now says a U.S. Supreme…
Sixth Circuit Stays Injunction in Challenge to Kentucky Public Health Measures That Did Not Exempt Religious Schools From General Prohibition on In-Person Instruction.
This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as an associate in 2021. Like most states, Kentucky is experiencing a surge in COVID-19 cases. Governor Andy Beshear has responded by implementing a…
Menorahs in Basalt pass legal test
Mark Kwiecienski complains about menorahs in public parks in Basalt ( “Menorahs don’t belong on public land,” Dec. 4, The Aspen Times). He says such religious displays violate the prohibition on “separation of church and state” and the establishment clause of the U.S. Constitution. Kwiecienski is wrong on the facts…
Alito Shuts Down Megachurch Pastor’s Lawsuit That Claimed Obeying God Meant Ignoring COVID-19 Orders
Supreme Court Justice Samuel Alito flatly rejected a plea by a Louisiana megachurch pastor to keep his church fully open against orders from the government to limit the size of worship gatherings due to the COVID-19 pandemic. That pastor, Tony Spell , whose full legal name is Mark Anthony Spell,…
COLEMAN: I am thankful for our religious freedoms
Landon Coleman is pastor of Immanuel Baptist Church in Odessa. Reach him at landon@immanuelodessa.com or read his blog at Regular Pastor.com “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right…
FRC Praises 11th Circuit Decision Striking Down Ban on Sexual Orientation Change Efforts
WASHINGTON, Nov. 24, 2020 /PRNewswire/ — Family Research Council (FRC) today praised the recent decision by a federal appeals court striking down two local ordinances banning sexual orientation change efforts (SOCE) for minors. In the case of Otto v. City of Boca Raton , a three-judge panel of the U.S.…
Orthodox group asks Supreme Court to block restrictions on synagogues
Agudath Israel, an umbrella organization representing haredi Orthodox Jews, is challenging New York Gov. Andrew Cuomo’s limitations on houses of worship in “red zones.” THE US Supreme Court ( JTA ) — After several challenges to pandemic-induced restrictions on houses of worship citing religious liberty, an Orthodox Jewish advocacy group…
Supreme Court Refuses to Disqualify Justice Barrett from The Satanic Temple’s Abortion Case
SALEM, Mass., Nov. 12, 2020 /PRNewswire/ — While The Satanic Temple’s appeal in its lawsuit over Missouri’s abortion laws is still scheduled to be reviewed by the US Supreme Court to decide if they will hear the case, the US Supreme Court dismissed The Satanic Temple’s (TST’s) motion to disqualify…
Appeals court upholds Maine’s ban on religious schools in school choice program
Getty Images A federal appeals court has ruled against Maine parents challenging a state law that excludes religious schools from the state’s high school tuition program despite a recent ruling by the U.S. Supreme Court that struck down similar restrictions in Montana. The U.S. 1st Circuit Court of Appeals on…
Religious liberty lawsuits against California governor volley among divided lower courts, ultimately will land in Supreme Court
Of the roughly 32 lawsuits that have been filed since March against California Gov. Gavin Newsom, many allege his executive orders violate the religious liberty clauses of the California Constitution. Twenty-two active cases address religious freedom violations, education policies, forced closures of businesses, alleged violations of federal and state laws,…
Religious liberty lawsuits against Gov. Newsom volley among divided lower courts, ultimately will land with U.S. Supreme Court
An "Open for Worship" banner is posted outside the Crossroads Community Church in Yuba City, Calif., Thursday, July 9, 2020. (The Center Square) – Of the roughly 32 lawsuits that have been filed since March against California Gov. Gavin Newsom, many allege his executive orders violate the religious liberty clauses…
Education Week: Religious freedom explained in simple terms
Lawyer Alexander Dushku explains religious freedom during his Education Week speech. (BYU Continuing Education) Lawyer Alexander Dushku explained religious freedom for those who do not practice law during his Education Week speech and gave examples of many court cases relating to religious freedom. Religious freedom is a topic widely spoken…
Religious liberty lawsuits against Gov. Newsom volley among divided lower courts, ultimately will land with U.S. Supreme Court
An "Open for Worship" banner is posted outside the Crossroads Community Church in Yuba City, Calif., Thursday, July 9, 2020. (The Center Square) – Of the roughly 32 lawsuits that have been filed since March against California Gov. Gavin Newsom, many allege his executive orders violate the religious liberty clauses…
How Amy Coney Barrett could change the Supreme Court’s balance on religious liberty
Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee on Oct. 14, 2020, on Capitol Hill in Washington. (AP Photo/Susan Walsh, Pool) WASHINGTON (RNS) — Since the moment Judge Amy Coney Barrett was announced as President Donald Trump’s nominee to fill the Supreme…
Ministries Claim New State Laws Violate Their Religious Freedoms
The jury box in the Loudoun County Courthouse. [Douglas Graham/Loudoun Now] Four religious ministries are suing the state over two new Virginia laws they claim infringe upon their rights to assert their religious beliefs—and to hire, fire and provide health insurance for their employees based on those convictions. On Sept.…
Royal Alexander: Judge Amy Coney Barrett faces anti-Christian bigotry
Special to The Times The cesspool of our American culture is not the result of too much God, faith, or religion, but too little. With the pending confirmation hearing of nominee Judge Amy Coney Barrett to the Supreme Court, it is appropriate to review what our Constitution says about religion.…