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Free Exercise After Obergefell: Warnings from the Dissent
Statements of Justices Roberts, Thomas, and Alito on free exercise of religion in light of the same-sex marriage decision.
Religious Institutions
BREAKING NEWS: U.S. Supreme Court Finds National Right to Same-Sex Marriage
How the Supreme Court's decision could affect the religious liberty rights of religious organizations and individuals
When Legislation Fails, Gov Jindal Orders 'Protection of Conscience'
hen the Louisiana state legislature failed to pass the "Marriage and Conscience Act" (HB 707) earlier this year, on May 19, Governor Bobby Jindal issued an executive order that will accomplish the same goal. HB 707 provided that the state of Louisiana could take no "adverse action against a person, wholly or partially, on the basis that such person acts […]
Supreme Court Rules Sign Ordinance Adversely Affecting Church Fails Strict Scrutiny
fter a lengthy legal battle, the U.S. Supreme Court has ruled unanimously (see Reed v. Gilbert , decided June 18, 2015) that a town cannot bar church signs when it allows similar signs promoting political or ideological viewpoints. In 2007, Good News Community Church sued Gilbert, Arizona, when the town enforced a law banning the church from posting road signs […]
California Court Rules For-Profit Christian School May Require Teachers' Faith Statements
In March 2015 a Ventura County Superior Court judge upheld the right of a for-profit Christian preschool to compel teachers to make a statement of faith and to obtain a statement by a pastor regarding how frequently they attend church, comment on their faith, and to endorse them as employees a Christian preschool.
Idaho: Northwest Religious Liberty Association Calls for Conscience Exemption to Anti-Discrimination Legislation
This week, in four days of testimony, the Idaho House State Affairs Committee has been considering House Bill 2 (HB2), that would add anti-discrimination protections for Idahoans based on sexual orientation and gender identity. Advocates have been promoting the "Add the Words" bill for nine years and this is the first year that the Legislature has held hearings.
Supreme Court Considers First Amendment Ramifications of Church Sign Ordinance
On Monday, January 12, 2015, the U.S. Supreme Court heard oral arguments on the case of whether a local town ordinance violates the First Amendment rights of churches when the ordinance limits the size, quantity, and duration of church signs when political signs are not similarly limited. Attorneys for the town of Gilbert, Arizona have argued that the ordinance is not discriminatory because all non-commercial event signs have the same restrictions. Attorneys for Clyde Reed, the pastor of the Good News Presbyterian Church argued that just because the city claims the ordinance appears to be facially neutral toward religious free speech does not mean that it is actually neutral.
Should ministers at for-profit wedding chapels be compelled to perform same-sex ceremonies?
Two ordained ministers, Donald and Evelyn Knapp, who operate a for-profit wedding chapel in Coeur d'Alene, Idaho were threatened with a misdemeanor charge for refusing to perform same-sex marriage ceremonies. The Knapps responded by filing a lawsuit and a motion for a temporary restraining order against the city in the U.S. District Court for the District of Idaho.
Standing to Sue at Issue In 7th Cir. Hearing on Ministerial Housing Allowance
On September 10, the 7th Circuit Court of Appeals heard oral argument in Freedom from Religion Foundation (FFRF) v. Lew. The judges focused on whether FFRF had standing to bring the case.
Supreme Court Rules Closely-Held Corporations Have Religious Rights
Most business owners set up corporations as legal alter-egos to avoid being held personally responsible if their businesses get sued, but in this case, the employers (in Hobby Lobby, Conestoga Wood, and Mardel) are saying that their corporations can still manifest the owners' religious beliefs even if it comes at the potential expense of their employees. The Supreme Court agrees.