Constitution

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.”

 
 

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.

 
 

Moves by both sides make citizen journalism an endangered species

Moves by both sides make citizen journalism an endangered species

Regulation of online speech is marching forward from both the left and the right, and it may only be a matter of time until free expression on the Internet becomes a thing of the past.

 
 

Court orders parties to brief Establishment Clause issue in travel ban case

Court orders parties to brief Establishment Clause issue in travel ban case

On Friday, the U.S. Supreme Court agreed to hear Trump v. Hawaii (Docket No. 17-965) and directed the parties to prepare briefs and arguments on the issue of whether President Donald Trump's travel ban, Proclamation No. 9645, also known as Executive Order 3 (EO-3), violates the Establishment Clause. 

 
 

Supreme Court declines Establishment Clause challenge to Mississippi LGBT law

Supreme Court declines Establishment Clause challenge to Mississippi LGBT law

On Monday, January 8, 2018, the United States Supreme Court declined to review both Barber v. Bryant and Campaign for Southern Equality v. Bryant, two suits filed against Mississippi Governor Phil Bryant contesting the state's law (HB 1523) which allows public officials and businesses to deny services to LGBT people for religious reasons.

 
 

Trump judicial nominee Barrett faces religious tests from left and right

Trump judicial nominee Barrett faces religious tests from left and right

At the committee hearing, Democrat Sen. Feinstein questioned her Catholic beliefs on abortion and Republican Sen. Cruz questioned her on the death penalty.

 
 

States Rights, Slavery, the 14th Amendment and Religious Liberty

Midred Jeter and Richard Loving in 1967. The couple was jailed for a year for violating Virginia's statute against interracial marriage.

Have you ever wondered what legal mechanism existed that permitted the legalization of slavery in the United States after the Bill of Rights was ratified in 1791? How it was that men, women, and children were held in bondage after Francis Scott Key wrote the famous words, "land of the free, and the home of the brave" in 1812? How segregation persisted in law until the late 1960s?

 
 

States prohibiting all non-public school funding may escape Trinity Lutheran impact

States prohibiting all non-public school funding may escape Trinity Lutheran impact

States that have constitutional provisions that prohibit public aid to all private schools, regardless of whether or not they are religiously affiliated, might have a substantial argument against school voucher claims under Trinity Lutheran v. Comer.

 
 

Supreme Court asks lower courts to apply Trinity reasoning to school voucher cases

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

Supreme Court sends voucher cases back to the lower courts "for further consideration in light of Trinity Lutheran Church of Columbia, Inc., v. Comer." 

 
 

Court may hear same-sex wedding cake religious exception case

Court may hear same-sex wedding cake religious exception case

There are several reasons why the Supreme Court may decide to hear this case when it declined to hear previous religious exception cases.