Caption Shaw Media file photos Shaw Media file photos Caption Despite significant legal precedents and a widespread acceptance by historians, educators, public officials and civilians, congressional candidate Rick Laib doesn’t believe there’s a constitutional separation of church and state. The subject arose in a discussion with the Daily Herald after…
The Supreme Court’s Recent Religion Cases – A Spirited Conversation Between Two of the Leading Lawyers on Religion and Law
Moderated by Attorney & OLLI Instructor Doug Mishkin Wednesday, October 7 at 6pm Eastern Free & online via Zoom: registration required Within 12 days this past summer, the U.S. Supreme Court decided three cases involving the relationship between government and religion: May a state forbid tax-supported scholarships to religious private…
Supreme Court Justices Say Obergefell a ‘Problem’ for Religious Liberty
Justice Thomas and Justice Alito added that the Obergefell ruling “enables courts and governments” to label believers in traditional marriage “as bigots, making their religious liberty concerns that much easier to dismiss.” United States Supreme Court (photo: Rena Schild / Shutterstock) WASHINGTON — Justices Clarence Thomas and Samuel Alito on…
Freedom From Religion group sues Alabama over ‘So help me God’ voter oath
The Freedom From Religion Foundation has sued Alabama over "so help me God" in voter declaration. The Freedom From Religion Foundation has filed a federal lawsuit challenging Alabama’s mandatory religious oath for voter registration. Alabama is the only state in the country that requires voters to register on a form…
GOP congressional candidate questions legal separation of church and state
Shaw Media file photos Caption Despite significant legal precedents and a widespread acceptance by historians, educators, public officials and civilians, congressional candidate Rick Laib doesn’t believe there’s a constitutional separation of church and state. The subject arose in a discussion with the Daily Herald after Laib — a Will County…
GOP congressional candidate questions legal separation of church and state
Bill Foster, left, and Rick Laib. Despite significant legal precedents and a widespread acceptance by historians, educators, public officials and civilians, congressional candidate Rick Laib doesn’t believe there’s a constitutional separation of church and state. The subject arose in a discussion with the Daily Herald after Laib — a Will…
Christians Sue Virginia Over Law Forcing Them to Abandon Beliefs on Marriage and Gender
Christian churches and other ministries, plus a Christian photographer, are suing the state of Virginia over a new law that forces them to violate their core beliefs regarding sex, marriage, and gender or pay exorbitant fines. The Virginia Values Act, which took effect July 1, added “sexual orientation” and “gender…
John McClaughry: Free exercise and faith-based schools
Vermont tax dollars may soon be going to faith-based elementary and secondary schools, if a case filed recently in federal district court succeeds. The case is styled Valente v. French. The lead plaintiffs are Mount Holly parents who send their son to the Roman Catholic Mount Saint Joseph Academy in…
Notoriously Humanistic: In Praise of Ruth Bader Ginsburg’s Jurisprudence
Portrait of Justice Ginsburg by Simmie Knox We lost a champion of humanist values and liberal jurisprudence with the death of Supreme Court Justice Ruth Bader Ginsburg on September 18. One of the most powerful women in US history, she changed fundamental laws before she ever put on the robe…
Madison County church suit against Northam settled
Gov. Ralph Northam at a press conference in March announces his stay-at-home executive order for all Virginians to slow the spread of COVID-19. The governor has issued nearly two dozen orders since March related to the novel coronavirus. A religious discrimination case brought by Madison County Christians against Virginia Gov.…
Ginsburg Was Advocate for Equity
Supreme Court Justice Ruth Bader Ginsburg, who died Friday, was known for her strongly worded dissents. But she wrote several decisions that set precedents and policy for higher education. The decision for which Ginsburg is best known came in 1996, when the Supreme Court ruled that Virginia could not maintain…
Emergencies Make Awful Law: Why are Casinos Treated More Favorably than Churches During a Pandemic?
Closed for business If hard cases make bad law, emergencies make even worse law. Our case books are littered with awful judicial decisions authorizing presidents and governors to violate core constitutional rights in the name of coping with crises. President Franklin Delano Roosevelt’s decision to intern more than 100,000 Americans…
Education Department Issues New Rule on Religious Liberty and Free Inquiry
The Story: The U.S. Department of Education has issued the Religious Liberty and Free Inquiry Final Rule to “help ensure that public institutions uphold fundamental rights guaranteed by the First Amendment to the U.S. Constitution and that private institutions adhere to their stated institutional policies regarding freedom of speech, including…
Celebrating The Constitution In The Midst Of COVID-19: The Framers Paved The Way
Congress has mandated that the date of the signing of the Constitution, Sept. 17, 1787, be commemorated. Prior to COVID-19, schools, colleges, and communities would have public gatherings to celebrate Constitution Day. Similar celebrations are impossible this year, because COVID-19 has forced so many of our public institutions to operate…
When Do Ministers Win and Lose?
In July 2020, in Our Lady of Guadalupe School v. Morrissey-Berru , the Supreme Court “ made it easier for religiously affiliated employers to discriminate” by concluding, 7-2, that two Catholic school teachers were ministers, not teachers. That ruling opened the door for thousands of Catholic school teachers to lose…
The Constitution Was Not Made Only For A Religious People
Last week, a ruling out of the Seventh Circuit presented the latest example that this country is facing an increasingly theocratic judiciary seeking to expressly favor religion and religious citizens at the great expense of nonbelievers. To be clear, the case is only at the preliminary injunction stage, so the…
Kamala Harris’s Threat to Religious Believers
Since presidential candidate Joe Biden selected Sen. Kamala Harris as his running mate, some Catholics have rightly raised concerns about Harris’s hostility toward Catholicism and her animus for Catholics whose moral lives are informed by Church teaching. Coupled with Biden’s own antagonism toward Catholic moral theology, Harris’s nomination clouds rather…
Double standards for gatherings in San Francisco a source of growing frustration
San Francisco Archbishop Salvatore J. Cordileone celebrates the feast of the Assumption on the steps of the city’s Cathedral of St. Mary of the Assumption Aug. 15, 2020. (CNS photo/Dennis Callahan, Archdiocese of San Francisco) Earlier this week, the Most Rev. Salvatore Cordileone, Archbishop of San Francisco, released a statement…
New Hampshire sued over Catholic schools tuition policy
New Hampshire State House, Concord, New Hampshire, USA. (Wangkung Gia/Shutterstock via CNA) A New Hampshire family has filed suit against the state after a town tuition program refused to pay for their grandson’s Catholic school education. The suit claims that the terms of the program violate religious discrimination laws and…
All eyes on U.S. Supreme Court as religious liberty case from Philadelphia foster care program set for November argument
The U.S. Supreme Court is seen in Washington July 2, 2020. Legal experts have noticed a pattern in how the court handled religious liberty cases in the last term. (CNS photo/Jonathan Ernst, Reuters) WASHINGTON — As part of what seems to be a new trend for the Supreme Court, it…
The role of religion in government
Not even Notre Dame can escape the Republican National Convention following famed football coach Lou Holtz’s speech last week. There has been some coverage from The Observer about students’ reactions, but I want to focus on a particular aspect of the speech. The most controversial part of Holtz’s time on…
Opinion: All cake designers deserve the same First Amendment freedoms
An LGBT cake artist in Detroit was recently asked to create a custom cake with a religious message criticizing same-sex marriage. After she declined to express that message, the customer alleged she had illegally discriminated against him based on his religion. The situation presents an interesting reversal of roles to…
Rulings raise important considerations for religious employers
The just-concluded U.S. Supreme Court term was an eventful one for parochial schools and other religious employers. On June 15, the court held in Bostock v. Clayton County , 590 U.S. ____ (2020), that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees because…
In new term, Supreme Court once again takes up religious liberty
The U.S. Supreme Court is seen in Washington July 2, 2020. Legal experts have noticed a pattern in how the court handled religious liberty cases in the last term. (CNS photo/Jonathan Ernst, Reuters) WASHINGTON — As part of what seems to be a new trend for the Supreme Court, it…
In new term, Supreme Court once again takes up religious liberty
You are here: Home » Featured » In new term, Supreme Court once again takes up religious liberty The U.S. Supreme Court is seen in Washington July 2, 2020. Legal experts have noticed a pattern in how the court handled religious liberty cases in the last term. CNS photo/Jonathan Ernst,…