Religion and the Law
Religious Hiring: What Courts Should Do
Courts don't need to stretch the ministerial exception to cover every case.
Religious Hiring and Expressive Association
Does the First Amendment freedom of expressive association protect religious hiring?
Religious Hiring and Church Autonomy
Does the church-autonomy doctrine extend to hiring decisions outside the ministerial exception?
Religious Hiring and Title VII's Religious Exemption
A textualist solution to controversies over religious hiring.
Religious Hiring Beyond the Ministerial Exception
An important church–state question likely headed to the Supreme Court.
Update on Potential Condemnation of New Jersey Church to Build a Park and Pickleball Courts
After a public outcry, the scheduled vote on the plan to use eminent domain has been postponed indefinitely. If the Town of Toms River does try to condemn the church, there is likely to be a major legal battle.
Religious Exemption Claim by Nonprofit Providing Supervised Illegal Drug Use Can Go Forward
The Third Circuit held that such organizations may raise religious exemption claims, though it declined to decide (at this stage of the litigation) whether the claim would prevail on the facts of this case.
"The Alleged Misdeeds of Jewish Individuals, Elected Officials, Judges and Others in Myriad Circumstances,"
"including Plaintiff's divorce proceedings and criminal case."
Trump Administration Targets Iranian Christians for Deportation
They face severe persecution if deported to Iran.
Appeals Court Blocks Louisiana Ten Commandments in Classrooms Law
"If H.B. 71 goes into effect, Students will be subjected to unwelcome displays of the Ten Commandments for the entirety of their public school education. There is no opt-out option," the court's opinion reads.
Utah Passed a Religious Freedom Law. Then Cops Went After This Psychedelic Church.
A religious group using psilocybin mushrooms in ceremonies "put the State of Utah's commitment to religious freedom to the test," a federal judge wrote.
Fighting Antisemitism Should Not Come at the Expense of the First Amendment
The Antisemitism Awareness Act threatens the First Amendment by empowering federal bureaucrats to police political and religious expression.
Female Nude Spa in Washington Can't Bar Transgender Clients With Male Genitalia, Federal Court Rules
Olympus Spa had sued on First Amendment grounds.
A Split Supreme Court Says Oklahoma Can't Have a Religious Charter School
The deadlocked court doesn't provide much clarity to sticky questions about the limits of religious freedom.
School Choice Could Defuse Culture War Fights
A Supreme Court case about religious parents' rights underscores a deeper problem: Without choice, public schools become a culture war battleground with no exit.
Brief from Prof. Justin Driver (Yale) and Me in School Curriculum / Religious Opt-Out Case
"This Court should not announce an opt-out right for religious objectors under the Free Exercise Clause that its precedents would foreclose for students objecting to public-school curricula under the Free Speech Clause."
The Supreme Court Is About To Hear 2 Education Cases. Neither Goes Far Enough.
The Court will weigh religious opt-outs and charter school discrimination. But true educational freedom means funding students, not systems.
Lawsuit Over UC Berkeley's Alleged Toleration of Anti-Semitism …
can go forward in part, a federal trial judge concludes.
A Federal Judge in Utah Orders Local Officials To Return a Religious Group's Psychedelic Sacrament
The ruling by U.S. District Judge Jill Parrish emphasizes that religious freedom must protect "unpopular or unfamiliar religious groups" as well as "popular or familiar ones."
Sixth Circuit Rejects Qualified Immunity for Kim Davis for a Third Time
The message that public officials are required to follow the law, even if they disagree with it, does not seem to have gotten through.
SCOTUS to Consider Whether State Bans on "Conversion Therapy" Violate the First Amendment
A highly significant grant of certiorari for next term.
"The Court Shouldn't Bruen-ize the Free Exercise Clause"
Some thoughts from Michael McConnell, Douglas Laycock, Stephanie Barclay, and Mark Storslee.
Anti-American Speech and Spray-Painting "Allah, Muhammad" in Storage Locker Can Be Evidence of Motive …
in prosecution for bomb hoax at church; but spray-painting "the stupid Jew" in the storage locker isn't relevant enough, and thus isn't admissible. (Both the painted items were in defendant's native Kurdish.)
Can a School Require Students to Learn about Sexuality and "Cisnormativity" Over Parents' Religious Objection?
In granting Mahmoud v. Taylor, the Supreme Court has agreed to consider this question.
Challenge to California Policy Limiting Teachers' Disclosure to Parents of Student's Changed Gender Identity …
can proceed (under the First Amendment and under parental constitutional rights law), the court says, though there's no actual decision on whether the plaintiffs (parents and teachers) will prevail.
