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Author: Michael Peabody

7th Circuit Rules Challengers to Ministerial Housing Exemption Lacked Standing

Posted on November 17, 2014November 17, 2014 by Michael Peabody

On November 13, 2014, the Seventh Circuit Court of Appeals ruled that an atheist group challenging a tax-exempt housing benefit only available to clergy lacked standing to bring the suit because members of the atheist group could not demonstrate that they had suffered an injury as a result of the clergy tax-exemption.

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Religious Freedom Advocate Lee Boothby Dies

Posted on November 10, 2014November 10, 2014 by Michael Peabody

On November 6, 2014, attorney Lee Boothby died at the age of 81 in Berrien Springs, Michigan. Boothby was known for his relentless advocacy for religious liberty.

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Unsettled and Inconsistent Law: Fetal Rights and Personhood

Posted on October 24, 2014March 24, 2017 by Michael Peabody

The legal status of the unborn child is not as clear as most people think. There are glaring inconsistencies in the way that the law is practiced, even in states with liberal abortion policies. For instance, if a person kills a fetus in California without the consent of the pregnant woman or for medical necessity it is considered murder under Penal Code section 187. This is why Scott Peterson was convicted for double-homicide when he killed his pregnant wife, Laci, in 2002. This January in Florida, John Andrew Weldon was sentenced to 14 years in federal prison when he tricked his pregnant girlfriend into taking abortion-causing drugs, leading to the miscarriage of her 6-week-old fetus.

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Prisoner’s Beard Appeal to be Heard by Supreme Court on Oct. 7

Posted on September 16, 2014September 17, 2014 by Michael Peabody

On October 7, the U.S. Supreme Court is scheduled to hear oral argument on whether the Arkansas Department of Corrections grooming policy violates the Religious Land Use and Institutionalized Persons act of 2000 (RLUIPA) when it prohibits a prisoner from growing a one-half-inch beard in accordance with his religious beliefs.

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Standing to Sue at Issue In 7th Cir. Hearing on Ministerial Housing Allowance

Posted on September 12, 2014September 12, 2014 by Michael Peabody

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.

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Supreme Court Rules Closely-Held Corporations Have Religious Rights

Posted on June 30, 2014June 30, 2014 by Michael Peabody

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.

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Rediscovering Agape: Why the Reformation is Not Over

Posted on May 14, 2014February 22, 2016 by Michael Peabody

Agape love is the central premise of Protestant Christian theology. According to The Oxford Handbook of Theological Ethics, “Luther’s rediscovery of the primacy of agape was the linchpin of the Reformation and the rediscovery of genuine Christian ethics.” (See G. Meilaender and W. Werpehowski, The Oxford Handbook of Theological Ethics, 2007, p. 456.)

Many confuse the concept of agape love with the concept of caritas, or charity, but these are two separate ideas. The concept of agape love is the love of God reaching down to save humanity through grace, while caritas is about humans reaching upward toward God through works.

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7th Cir. to Decide Whether Ministerial Housing Exemption is Constitutional

Posted on April 15, 2014January 18, 2019 by Michael Peabody

By Michael Peabody – Last November, a federal judge stuck a stick in a beehive when she found that a long-standing tax-exemption for clergy housing was unconstitutional. The case, Freedom from Religion Foundation (FFRF) vs. Lew, is currently on appeal to the Seventh Circuit Court of Appeals and religious organizations are out in force defending the exemption.

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Why Did the U.S. Supreme Court Decide Not to Hear the New Mexico Photographer’s Appeal?

Posted on April 11, 2014June 9, 2017 by Michael Peabody

By Michael Peabody – Although the U.S. Supreme Court did not provide a reason for declining Huguenin’s writ, it is probably not because the Court intends to lock in the New Mexico decision or that the Supreme Court is not interested in addressing this issue at a later date. It is most likely because the Court is looking for a better case, perhaps a combination of several cases which represent different results in different jurisdictions.

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U.S. Supreme Court Declines to Hear New Mexico Photographer Case

Posted on April 7, 2014April 7, 2014 by Michael Peabody

Today, without comment, the U.S. Supreme Court declined to hear the appeal of a New Mexico photography studio and its owners. The highly-publicized case of Elane Photography v. Willock involved a photographer who refused on religious grounds to photograph a lesbian couple’s commitment ceremony.

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