We Are All Originalists Now, Sort of

We Are All Originalists Now, Sort of

During her 2010 Supreme Court confirmation hearings, Elena Kagan, fresh off a stint as Barack Obama’s solicitor general, created a minor stir in legal circles by stating, “We are all originalists.” While clearly an exaggeration, this statement spoke to a subtle but increasingly apparent truth: Since the 1980s, constitutional text…

Discriminatory Catholic Agency Seeks Supreme Court Review

Discriminatory Catholic Agency Seeks Supreme Court Review

Catholic Social Services of Philadelphia hopes to takes its case arguing it can discriminate against same-sex couples to the US Supreme Court. A Catholic foster care agency has asked the US Supreme Court to overrule a federal appeals court decision rejecting its claim that it enjoys a religious freedom right…

Dignity Health Poised to Settle ERISA Lawsuit for $100 Million

Dignity Health Poised to Settle ERISA Lawsuit for $100 Million

Hospital workers still unsure whether distant religious link exempts retirement plans from federal ERISA compliance San Francisco, CADignity Health has agreed to pay $100 million to settle a proposed class action ERISA lawsuit that accused it of using a undeserved religious exemption to justify underfunding its pension plan by $1.5…

Symposium: The new court and religion

Symposium: The new court and religion

Erwin Chemerinsky is Dean and Jesse H. Choper Distinguished Professor of Law at the University of California, Berkeley School of Law. Will replacing Justices Antonin Scalia and Anthony Kennedy with Justices Neil Gorsuch and Brett Kavanaugh make a difference as to how the Supreme Court deals with constitutional issues concerning…

Bladensburg and Pensacola: Is It Time for the Lemon Test to Go?

Bladensburg and Pensacola: Is It Time for the Lemon Test to Go?

A 40-foot cross that honors 49 fallen World War I soldiers from Prince George’s County stands at the busy intersection of Bladensberg and Annapolis roads and Baltimore Avenue Feb. 28, 2019, in Bladensburg, Maryland. (Photo by Chip Somodevilla/Getty Images) Legal scholars agree that the Lemon Test has failed to bring…

John Sparks: Religious liberty, freedom of speech & gay rights

John Sparks: Religious liberty, freedom of speech & gay rights

Among recent actions by the U.S. Supreme Court, a four-sentence order may set the stage for the court to eventually address the collision between free speech and religious freedom on one hand and gay rights on the other. The order voided a judgment by the state of Oregon that had…

Federal Court: Let Atheists Lead Gov’t Prayers

Federal Court: Let Atheists Lead Gov’t Prayers

You are not signed in as a Premium user; we rely on Premium users to support our news reporting. Sign in or Sign up today! MIAMI ( ChurchMilitant.com ) – A federal court ruled Monday that people of all faiths, as well as atheists, must be allowed to give an…

Opinion: The lemon is squeezed dry

Opinion: The lemon is squeezed dry

BARONE There’s something attractive in the party names in the Supreme Court’s decision on the relationship between government and religion: American Legion v. American Humanist Association. Both organizations, the veterans group formed after World War I and the secular humanist group founded the year this nation entered World War II,…

Supreme Court to hear challenge to Montana’s no-aid-to-religion law

Supreme Court to hear challenge to Montana’s no-aid-to-religion law

Last week, the United States (U.S.) Supreme Court agreed to hear a case, Espinoza v. Montana Dept. of Revenue , concerning a Montana state legislative program that allowed individuals to receive up to a $150.00 tax credit for money that they could donate to one of several K-12 scholarship funds.…

The lemon is squeezed dry

The lemon is squeezed dry

There’s something attractive in the party names in the Supreme Court’s decision on the relationship between government and religion: American Legion v. American Humanist Association. Both organizations, the veterans group formed after World War I and the secular humanist group founded the year this nation entered World War II, want…

Christians Win Again in the Supreme Court

Christians Win Again in the Supreme Court

This week, the Supreme Court ruled 7-2 that the 40-foot tall Bladensburg Peace Cross can remain on public land, in the middle of a busy intersection. The cross is owned and maintained by the State of Maryland. The Court reversed the Fourth Circuit’s decision that the display was an unconstitutional…

States urge Supreme Court to extend rights to gay workers

States urge Supreme Court to extend rights to gay workers

The U.S. Supreme Court Building stands in Washington, D.C. (Bloomberg file photo) Almost two dozen states, including Minnesota, are urging the U.S. Supreme Court to extend a decades-old workplace discrimination law to cover gay and transgender employees, who can be fired for no reason in many parts of the country.…

A Sack Full of Sacrament

A Sack Full of Sacrament

A Southern California lawyer and church leader has filed a lawsuit against the county of Humboldt and the California Department of Fish and Wildlife, alleging they violated his client’s rights to religious freedom when they raided a cannabis grow and eradicated five greenhouse’s worth of weed last month. In the…

How Your Religious Liberty Works Both Ways

How Your Religious Liberty Works Both Ways

There has been much debate about religious liberty lately. On one side, evangelical Christians argue that their faith is under attack from those attempting to reduce their influence in culture. On the other side, proponents of church-state separation contend that some Christians breech the wall of separation as they seek…

SCOTUS to hear Montana case on school choice, religious liberty

SCOTUS to hear Montana case on school choice, religious liberty

Kendra Espinoza, a Montana mom, is a plantiff in a Montana school choice case that will be heard before the U.S. Supreme Court. Espinoza is represented by the Institute for Justice. The U.S. Supreme Court will hear a wide-reaching Montana case dealing with school choice and the First Amendment. The…