Stanford Prof. Michael McConnell on "Who Is a 'Minister'?"
Can the Supreme Court draw the line?
Religion
Prohibiting Religious Services Makes the First Amendment a Coronavirus Victim
While governments are shutting down religious services and fining pastors who defy those orders.
Islamic Prenuptial Agreements (Mahrs) Are Enforceable by American Courts, Like Other Prenups
So a Maryland appellate court held last month, I think quite correctly (and consistently with the broad trend in other states):
It's 'Access' to Birth Control Versus Employer Beliefs Again at the Supreme Court
The Obamacare contraception mandate continues to cause legal trouble.
Sixth Circuit Temporarily Blocks Kentucky Governor's Limit on Drive-In Church Services
The court concludes that it likely violates the Kentucky Religious Freedom Restoration Act and the Free Exercise Clause, chiefly because the Governor's order has many exceptions for various allowed services.
De Blasio Threatens To Arrest Hasidic Jews for Congregating To Mourn the Death of a Rabbi
On the same day Brooklyn’s Hasidic Jews came out for a funeral, hundreds were gathering elsewhere in New York City to watch a military flyover.
The Attorney General Defends Civil Liberties Against Overreaching COVID-19 Control Measures
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
Even in a Pandemic, 'Constitutional Rights Still Exist'
A federal judge defended religious freedom by blocking a misguided ban on drive-in Easter services.
Father Can't Be Ordered "to Comply With the Cultural Norms of Hasidic Judaism" During His Visitation Time with Children
So holds a New York appellate court.
Some Backstory on the Louisville Free Exercise Clause / Drive-in Church Services Case
Did Louisville actually purport to ban drive-in church services, or was it just asking people to voluntarily refrain? And what notice did the City have about the temporary restraining order request?
Religious Freedom Clashes With Public Health Enforcers
Plus: Signal will leave the U.S. market if EARN IT passes, Justin Amash blasts Michigan shutdown orders, and more...
Churches, Shutdown Orders, and Religious Freedom Restoration Acts (in Kansas and Elsewhere)
If people are allowed to go to bars, restaurants, libraries, schools, and factories (with suitable social distancing), should they also be allowed to go to church?
"On Holy Thursday, an American Mayor Criminalized the Communal Celebration of Easter"
A federal judge blocks the Louisville ban on drive-in church services.
Huge Legislature-Governor Conflict in Kansas, Over Emergency Powers (Stemming from Religious Freedom Dispute)
A "drafting snafu" with the Legislature's concurring resolution, which endorsed the Governor's initial emergency order, is casting many things in doubt.
Mississippi City Bans Drive-in Church Services
That violates the Mississippi Religious Freedom Restoration Act, and probably the freedom of assembly and association.
Is Passover the Most Libertarian Holiday?
The annual retelling of the Exodus story reminds us not to take freedom for granted.
Some Churches "Continue Holding Large Gatherings Despite Coronavirus Warnings"
My guess is that these are quite unusual, but still noteworthy.
These Churches Refuse To Close Over COVID-19. Does the Constitution Protect Their Right To Remain Open?
Religious liberty, public health, and the police powers of the states
"Mass Prayer Gathering … in Bangladesh to Read 'Healing Verses' Against Covid-19"
I'll say it again: "Trust in Allah, but tie your camel."
Police Disperse Large Outdoor Orthodox Jewish Prayer Group in Brooklyn
... for violating New York City ban on gatherings of 50 people or more.
Why I'm Not (Yet?) Much Worried About the Civil Liberties Restrictions Flowing from the Coronavirus Response
The restrictions are less dangerous precisely because they are so broad and onerous.
Religion, Law, and Coronavirus
An interesting site, run out of the University of Pisa, covering breaking developments in many countries with many articles in English.
Court Rules Mostly for Catholic Nurse Who Objected to Newly Imposed Birth-Control and Abortion-Referral Duties
The Illinois Appellate Court's decision interprets the Illinois version of the RFRA, and the separate Illinois Health Care Right of Conscience Act (which bans all discrimination "because of [a] person's conscientious refusal to receive, obtain, accept, perform, assist, counsel, suggest, recommend, refer or participate in any way in any particular form of health care services contrary to his or her conscience").
Muslim Inmate Objects to Strip Search with Transgender Female-to-Male Guard Watching
The prison's actions satisfied the strict scrutiny test, a federal court just held, so the inmate loses.
California Wants To Carve Out Religious Exemptions to Its Insane Housing Laws
State lawmakers want to override local zoning codes to let churches and other nonprofits build affordable housing on their own land.
While Trump Was Praising Modi for Religious Freedom, Modi-Supporting Hindus Slaughtered Muslims in the Streets
Trump's failure to speak out against Modi's reign of lawlessness and terror is an epic abdication of responsibility.
Can a City Refuse To Use a Foster Agency That Discriminates Against Same-Sex Couples?
The Supreme Court is about to tackle the issue.
The Government Says These Men Have No Recourse Against FBI Agents Who Used the 'No Fly' List To Punish Them
The Supreme Court will decide whether three Muslims who refused to be informants can sue for damages under the Religious Freedom Restoration Act.
Modi Cheerleaders Are Abusing a Well-Intentioned American Refugee Law for Anti-Muslim Ends
They want to scrap the citizenship rights of Indian Muslims because America helped Soviet Jews and Christians.
The Tear of Allah
The Chinese Communist Party confiscated a sacred meteorite from Muslim herders. They're suing to get it back.
Trump's Expanded Travel Ban Compounds the Wrongs of Previous Versions
The courts may not strike it down. But it remains both illegal and deeply unjust.
DOJ Intervention Dramatically, Irrationally, and Unconstitutionally Increases the Penalty Faced by a Woman Accused of Slapping Jews
How can prosecuting a black woman for slapping Jews in 2020 be authorized by the constitutional amendment that abolished slavery in 1865?
