Supreme Court

Analysis: Could churches lose their tax-exempt status if they refuse to recognize same-sex marriage?

Small old white church in the country

Earlier this month, presidential candidate Beto O'Rourke stated that he would support removing the tax-exempt status of organizations and institutions that oppose same-sex marriage. Specifically, O'Rourke said, "There can be no reward, no benefit, no tax break for anyone or any institution or organization in America that denies the full human rights, and the full civil rights of everyone in America."

 
 

Primer on U.S. Abortion Law: Supreme Court agrees to hear challenge to Louisiana abortion restriction

Supreme Court of the United States

The Supreme Court has agreed to hear argument in a case involving a Louisiana regulation on abortion doctors. It is similar to a Texas case decided in 2016.

 
 

Legal and Legislative Update

An update on the status of Patterson v. Walgreen, New York expands statute of limitations on child sexual abuses case, ministerial exception in disability claims, and Sabbath accommodation

 
 

Supreme Court to hear challenge to Montana's no-aid-to-religion law

Supreme Court to hear challenge to Montana's no-aid-to-religion law

The United States (U.S.) Supreme Court agreed to hear a case, Espinoza v. Montana Dept. of Revenue, concerning a Montana state legislative program that allowed individuals to receive up to a $150.00 tax credit for money that they could donate to one of several K-12 scholarship funds.

 
 

High Court reverses Oregon finding against bakers and sends case back to lower court for further review

High Court reverses Oregon finding against bakers and sends case back to lower court for further review

The Supreme Court appears reluctant to squarely address the balance between the free exercise of religion and anti-discrimination statutes, or to discuss a claim for hybrid-rights combining "rational basis" free exercise rights with "strict scrutiny" free speech rights.

 
 

Supreme Court Requests Solicitor General's Opinion on Sabbath Accommodation Case

Supreme Court Requests Solicitor General's Opinion on Sabbath Accommodation Case

The value of the Patterson case does not merely hinge on its facts, which would likely have to be developed at the trial level, but more importantly, it provides a vehicle for the Circuit courts to obtain needed guidance from the Supreme Court in order to consistently interpret Title VII religious accommodation requirements. 

 
 

Supreme Court: The 8th Amendment's Excessive Fines Clause is incorporated against the states via the 14th Amendment

Supreme Court: The 8th Amendment's Excessive Fines Clause is incorporated against the states via the 14th Amendment

This morning, the United States Supreme Court issued a ruling that the 14th Amendment applies the "Excessive Fines Clause" of the 8th Amendment to the states.

 
 

Parties objecting to regulatory decision must follow administrative process

Parties objecting to regulatory decision must follow administrative process

This week the Supreme Court denied certiorari in a case where nuns filed their Religious Freedom Restoration Act (RFRA) case opposing a pipeline across their property in the wrong venue and ignored the required dispute resolution process.

 
 

High Court decision on Muslim clergy at execution challenges rule of law

High Court decision on Muslim clergy at execution challenges rule of law

In ruling that an unwritten rule, quite possibly manufactured after the execution was already scheduled, should not be subject to a judicial Establishment Clause and potentially Free Exercise Clause analysis, the Court has created a troubling precedent that targets the principle of the rule of law.

 
 

Justices hint interest in revisiting Title VII religious accommodation while declining to hear football coach prayer case

Justices hint interest in revisiting Title VII religious accommodation while declining to hear football coach prayer case

It is debatable whether a claim by a public school football coach that he is compelled by religious belief to pray at the 50-yard line following each game is a good vehicle for addressing either free exercise or workplace religious accommodation. However, it does appear that the four justices who signed onto Alito's response have concerns about the chilling effect of Hardison and Smith on the ability to even raise Title VII religious accommodation and Free Exercise Clause claims. With Patterson v. Walgreen Co., the Supreme Court has the opportunity to revisit religious accommodation claims under Title VII.