An unusually detailed discussion of what factors court should consider in deciding whether a religious exemption request is sincere (generally a threshold requirement for the request to stand any chance of prevailing).
How do you justify government speech mandates? Apparently, you deliberately pretend that businesses have no right to control the messages they choose to present.
Some brief thoughts on the Kennedy v. Bremerton School District case from several weeks ago.
A dispute about alleged forgery of letters related to the appointment of a Bishop in the Russian Orthodox Church Outside Russia leads to an important appellate procedure case in the Second Circuit.
Anti-discrimination law was pioneered by the political left. But, in recent years, conservatives have increasingly tried to use it for their own purposes.
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
The article explains why the Supreme Court was right to hold that state voucher programs can’t discriminate against “sectarian” religious schools and addresses various objections.
The decision is an important victory for both the principle of nondiscrimination and parents and students seeking better educational opportunities.
except for the training of the clergy, holds the Supreme Court.
so long as the court makes the decision for secular reasons.
despite a school policy that generally bars teachers from doing so. (For my views on the question, see the end of the post.)
The employee argued that "her faith in God 'will protect her from COVID-19 so there is no reason to take a test.'"
What if a doctor feels a religious obligation to perform abortions, (e.g., because he believes doing so is necessary for him to be the Good Samaritan, by removing a threat to his patient's mental health)?
So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Courts are all over the map about jurisdiction, but the label isn't as important as the substance.
Some doctrinal tools to appropriately limit church autonomy.
Church autonomy coexists with state responsibility, as a matter of history and theory.
They know there are limits—but what are they?
A primer on a religious liberty issue that went from a backwater to a hot topic in the last decade.
though laws generally banning mislabeling food as “halal” (or “kosher”) violate the Establishment Clause.
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