Constitution

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.

 
 

Trump order essentially affirms Johnson Amendment

Trump order essentially affirms Johnson Amendment

Last Thursday, President Donald Trump marked the National Day of Prayer with an executive order that at most expressed the administration's desire that the Department of the Treasury should not unnecessarily threaten the tax-exempt status of religious non-profit organizations if they engage in political activity. Despite stating during the campaign that he would "destroy" the Johnson Amendment, the administration ultimately made a benign gesture affirming existing law while describing its parameters and limits.

 
 

Supreme Court schedules oral arguments in Trinity Lutheran case

ver a year after agreeing to hear the case on January 15, 2016, the Supreme Court has finally set a date for the oral arguments in Trinity Lutheran Church v. Pauley.

 
 

Washington court finds no free exercise right to ignore antidiscrimination law

Washington court finds no free exercise right to ignore antidiscrimination law

The Supreme Court of the State of Washington has rejected a florist's claim that state anti-discrimination statutes did not apply to her religion-based refusal to sell flowers for use in a same-sex wedding ceremony.