Legal Issues

Supreme Court to decide whether Excessive Fines Clause applies to states

U.S. Supreme Court - DepositPhotos.com / trekandshoot

The Supreme Court is likely to decide that the 14th Amendment applies the Excessive Fines Clause of the 8th Amendment of the Bill of Rights to the states in Indiana civil forfeiture case.

 
 

Supreme Court Agrees to Hear WWI Memorial Cross Case

Supreme Court Agrees to Hear WWI Memorial Cross Case

The Supreme Court has agreed to hear an appeal of a 4th Circuit decision involving a Maryland cross-shaped WWI memorial. In 2017, the 4th US Circuit Court of Appeals held 2-1 that the structure, erected in 1925, “has the primary effect of excessively endorsing religion and excessively entangles the government in religion.”

 
 

Grace v. Works: Alabama 10 Commandments referendum is theologically confusing

Alabama Chief Justice Roy Moore and the Ten Commandments Monument at the Alabama Judiciary Building

Setting the Constitutional separation of church and state issue aside, Alabama's 10 Commandments referendum still creates theological confusion for Christians by promoting the law without the corresponding remedy of grace.

 
 

Clergy Housing Tax Exemption Case Heard by Seventh Circuit Court of Appeals

Clergy Housing Tax Exemption Case Heard by Seventh Circuit Court of Appeals

The Seventh Circuit Court of Appeals heard oral arguments this week in Gaylor v. Peecher, a case that challenges the constitutionality of tax-exempt housing for clergy. Under 25 U.S.C. § 107(2), a pastor may receive a payment separate from taxable salary to pay for housing-related expenses including rent, mortgages and utility services.

 
 

Founders' First Freedom Files "Friend of the Court" Brief Asking Court to Hear Religious Accommodation Case

Founders' First Freedom Files "Friend of the Court" Brief Asking Court to Hear Religious Accommodation Case

Walgreen v Patterson gives the Supreme Court the opportunity to promote consistency and predictability and resolve disputed interpretation between Circuits, Congress, and the EEOC in a manner that is respectful of both religious beliefs and business needs says amicus Founders' First Freedom.

 
 

Turning Back the Clock: The Plot to Dismantle the Establishment Clause

Turning Back the Clock: The Plot to Dismantle the Establishment Clause

Over the last few decades, a religious movement has gained widespread political power with the stated intent of turning back the clock by dismantling the Establishment Clause, which requires separation of church and state.

 
 

California lawmaker withdraws bill that would criminalize religion-based "gay conversion therapy"

California lawmaker withdraws bill that would criminalize religion-based "gay conversion therapy"

Earlier today, California Assemblyman Evan Low (D-Campbell) withdrew a bill that would have outlaws the sale of any service, including certain forms of advertising, that were intended to change an individual's sexuality or gender identity. Assembly Bill 2943 had already passed the Assembly and Senate and was one vote away from the governor's desk.

 
 

November Election a "Referendum on Your Religion" Trump warns Evangelical leaders

November Election a "Referendum on Your Religion" Trump warns Evangelical leaders

The President’s threat that the November election will be a “referendum on your religion” is troubling because it assumes that the success of Christianity is dependent on the result of a political vote. The fact that some very influential Christian leaders are buying into this argument is even more disturbing.

 
 

Kavanaugh on the Religion Clauses

Kavanaugh on the Religion Clauses

During Kavanaugh’s 12 years on the U.S. Court of Appeals for the District of Columbia, he wrote decisions addressing the Establishment Clause that provide a hint of how he might decide if he is seated on the United States Supreme Court.

 
 

A quick look at Justice Kennedy's Religion Clause jurisprudence

A quick look at Justice Kennedy's Religion Clause jurisprudence

Within the next week, it is expected that the President will nominate Kennedy's replacement. The following is a brief inventory of Justice Kennedy’s positions on some key religion clause issues from his appointment in 1988 until his retirement in 2018.