Religious Liberty

  • Historic Churches, WWI Crosses, and Constitutional Confusion at Supreme Court
  • Supreme Court: The 8th Amendment's Excessive Fines Clause is incorporated against the states via the 14th Amendment
  • Parties objecting to regulatory decision must follow administrative process
  • High Court decision on Muslim clergy at execution challenges rule of law
  • Justices hint interest in revisiting Title VII religious accommodation while declining to hear football coach prayer case
 

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Historic Churches, WWI Crosses, and Constitutional Confusion at Supreme Court

Historic Churches, WWI Crosses, and Constitutional Confusion at Supreme Court

Whether a religious symbol or edifice needs to masquerade as a secular structure in order to escape Establishment Clause scrutiny is at issue in two major cases at the United State Supreme Court.

 
 

Founders' First Freedom Announces Essay Contest Winners

Founders' First Freedom Announces Essay Contest Winners

Founders' First Freedom is pleased to announce the Founders’ First Freedom High School and College Essay Contest winners.

 
 

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.

 
 

Virginia Statute of Religious Freedom of 1786 reminds us of the mutual benefits of church-state separation

Virginia Statute of Religious Freedom of 1786 reminds us of the mutual benefits of church-state separation

The Virginia legislators who approved the religious freedom statute in 1786, separating church and state, recognized the potential for change, and call the Americans of 2019 and beyond to a greater truth and a higher reality.

 
 

9th Cir: Catholic School Teacher Fired for Requesting Time for Cancer Treatment May Pursue ADA Discrimination Claim

9th Cir: Catholic School Teacher Fired for Requesting Time for Cancer Treatment May Pursue ADA Discrimination Claim

On December 17, the Ninth Circuit Court of Appeals ruled 2-1 that the ministerial exception does not bar a teacher in a Catholic school who was fired because she needed time off work for surgery and chemotherapy from pursuing a claim under the Americans with Disability Act.

 
 

Telling the Truth About Santa Claus is "Blasphemy" in America

Telling the Truth About Santa Claus is "Blasphemy" in America

Aaron Urbanski, 31, was charged Saturday with a criminal disturbance in Cleburne, Texas after protesting outside of a church during a a "Breakfast with Santa Event." His crime was telling kids that Santa Claus was not real, according to The Associated Press. A week before in New Jersey, a school district fired a substitute teacher who also told students that Santa Claus is not real. Apparently, telling the truth about Santa Claus constitutes "blasphemy" in America.  

 
 

Minnesota Congresswoman’s Proposal to Allow Religious Headwear Deserves Support

Congresswoman-Elect Ilhan Omar

  Minnesota Democrat Ilhan Omar, elected Nov. 6, 2018, to the U.S. House of Representatives, has co-authored a proposal that, among other things, will make it clear that the House Rules allow religious headwear to be worn inside the House chamber. Omar is one of the first two Muslim women elected to Congress.   Omar has several other firsts to […]