Do Pandemic-Inspired Bans on Religious Services Violate the First Amendment? Circuit Courts Are Split.
Supreme Court precedent suggests COVID-19 restrictions that discriminate against churches are presumptively unconstitutional.
Religion
Churches Get Go-Ahead in California's Latest Reopening Plans
They’re still not being treated the same as secular places of gathering, so a legal challenge continues.
My Argument for Preserving Employment Division v. Smith
I'd love to hear your thoughts about this draft brief.
Ninth Circuit Rejects Religious Freedom Challenge to California Closure, One Judge Dissents
A short majority opinion, and a long dissent.
Minnesota Churches Aren't Asking the Governor for Permission To Reopen
If the Mall of America can reopen on June 1, why can’t the Cathedral of St. Paul?
Justice Department Warns California Not To Leave Churches Behind in Its Reopening Plans
Allowing schools and malls to reopen, but not places of worship, would raise civil rights issues
Court Suggests That Lockdown Exemptions for Religious Institutions Violate the Establishment Clause,
at least when they specifically target religious institutions, and not similar secular entities.
Stanford Prof. Michael McConnell on "Who Is a 'Minister'?"
Can the Supreme Court draw the line?
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").
