January 2019

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.

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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.

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