Religion and the Law
Arizona Lawmakers Seek Religious Compromise in LGBT Antidiscrimination Bill
H.B. 2802 would expand discrimination protections but would carve out religious institutions.
OSHA's Vaccine Mandate Illustrates the Perils of Reflexively Deferring to Government Experts
The question for the Supreme Court was not whether the policy was wise but whether it was legal.
Should Kuwaiti Student Challenging Title IX Sexual Misconduct Finding Be Pseudonymous,
in part because he is a citizen of Kuwait, “where ‘sexual activity outside of marriage goes against religious and cultural values’ and ‘sexual relations outside of marriage are illegal"?
May University Faculty/Staff/Students Sue Pseudonymously Over Limits on Religious Exemptions from COVID Vaccine Mandate?
Yes, says a federal court, partly because this particular challenge (to a policy “which only allowed religious exemptions for those individuals who are members of organized religions whose teachings entirely forbid vaccinations”) appears to be purely legal in nature.
May Missouri Shooting Range Discriminate Against Muslims?
That's the issue raised by a newly filed federal lawsuit.
Plaintiffs from Conservative Religious Groups Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits
Four courts have recently said yes, in cases brought by conservative Muslims and Christians.
Newark's Scrooges Want To Ban Giving Food to Homeless People
Donating to the needy, in addition to being a generally nice thing to do, is a protected First Amendment activity.
Religious Freedom Doesn't Bar Discovery in Libel Case By High-Level N.H. Catholic Priest Against Dissenting Group
“The Very Reverend Georges F. de Laire, J.C.L., who serves as the Judicial Vicar and the Vicar for Canonical Affairs for the Diocese of Manchester, brings a defamation claim against Gary Michael Voris, Anita Carey, and St. Michael’s Media, Inc. a/k/a Church Militant.”
No Preliminary Injunction for Health Care Workers Seeking Religious Exemption from Vaccine Mandate
The defendant hospital might be violating Title VII by denying the exemption (especially since it "changed its policy in an arguably arbitrary manner")—but the employees' remedy would be to sue for damages from being fired, and not to get a preliminary injunction ordering that they not be fired.
San Diego Schools Must Allow Religious Exemptions from COVID Vaccination So Long as They Allow Exemptions for Pregnant Students
That at least is the temporary injunction pending appeal, just issued Sunday.
Should Israel-Boycotting Businesses Lose Kosher Certification?
Doesn't seem right to me, but I'd love to hear what people who know more about Jewish religious law think about it.
Sixth Circuit Takes Michigan COVID Mask Rule En Banc
The full court will consider the proper standard for judicial review of COVID restrictions in religious institutions.
Child Marriage Prosecution Opinion as to the Lev Tahor Ultra-Orthodox Group, Described by Some as "Jewish Taliban"
Featuring Guatemala, New York, and Iran.
Victory for WMU Student Athletes with Religious Objections to Vaccination
Western Michigan University mandated vaccinations for participation in team sports (but not for students generally); it said religious exemption requests would be available on a case-by-case basis; but then apparently categorically denied them.
Supreme Court Dodges Another Religious Liberty Fight
Justices have mostly demurred on the question of whether anti-discrimination laws trump religious freedom.
Muslim Women Have First Amendment Right Not to Remove Head Covering for Booking Photos
The same logic would apply to Orthodox Jewish women, and to men who wear religious headgear,
Our New Article on "Vaccine Passports as a Constitutional Right"
I coauthored it with Kevin Cope (University of Virginia) and Alex Stremitzer (UCLA/ETH Zurich)
Louisiana Medical School's Vaccination Rules Temporarily Blocked
But the decision turns heavily on Louisiana law, and on the nature of this particular set of rules.
New Hampshire School Choice Program Opens to Religious Schools
A new law allows cash-strapped districts to send students to private religious schools.
School Choice Is the Answer to Education Disputes
Religious families aren’t the only ones seeking escape from endless curriculum wars.
Fifth Circuit Strikes Down Ban on Religious Proselytizing at El Paso Art & Farmers Market
The market was conducted on city streets, managed by the city, and open to the public.
Ohio Passes Controversial Conscience Clause for Doctors
Opposed by LGBT and pro-choice advocacy groups, the measure allows doctors to refuse to perform treatments on moral grounds
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Colorado Court Slaps Baker With Fine for Refusing To Make Gender Transition Cake
Plus: Georgia's voting roll purge draws media hype, Florida's drug law hypocrisy, and more...
Supreme Court Rules Philadelphia Can't Force Catholic Agency To Serve Gay Foster Parents
No justices disagreed, but Alito, Gorsuch, and Thomas object that the majority is sidestepping a debate over when laws can overrule religious beliefs.
When Does the Free Exercise Clause Mandate Religious Exemptions?
The outcome of today's Fulton v. City of Philadelphia.
No Heckler's Veto: Court Reverses $1.5M Nuisance Verdict Against Abortion Clinic, Which Was Chiefly Based on Actions of Protesters and Arsonists
A new decision from the Georgia Court of Appeals.
