Constitution

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.

 
 

U.S. Civil Rights Commission report gives free exercise of religion second-tier status

U.S. Civil Rights Commission report gives free exercise of religion second-tier status

In a stunning report, U.S. Commission on Civil Rights Chairman Martin Castro attacked the Religious Freedom Restoration Act at both the state and federal level, challenged the terms "religious liberty" and "religious liberty" as code for intolerance, and argued that free exercise rights should yield to other civil rights if they come into conflict.

 
 

Why a candidate's support for the free exercise clause matters

Why a candidate's support for the free exercise clause matters

Whether Hillary Clinton or Donald Trump will do more to defend the Free Exercise Clause is an important factor in deciding which candidate to support.

 
 

Analysis: Amended version of SB 1146 passes CA Assembly Judiciary

Analysis: Amended version of SB 1146 passes CA Assembly Judiciary

The latest version still faces constitutional hurdles as lawmakers seek to control morals policies of religion-based educational institutions.

 
 

Five legal issues raised by California SB 1146

SB 1146 is currently up for consideration in the California State Assembly Judiciary this Thursday having already passed the Senate by a vote of 26-13 on May 26, 2016. The heading of the bill states, "The Equity in Higher Education Act among other things, prohibits a person from being subjected to discrimination on the basis of specified attributes, including sex, […]

 
 

California Bill Would Punish Religious Colleges That Discriminate Because of Faith

California Bill Would Punish Religious Colleges That Discriminate Because of Faith

If passed, SB 1146 is unconstitutional because the government is imposing a condition on religious institutions with the intent of pressuring them to compromise their religious beliefs.