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Author: Michael Peabody

Supreme Court: Religious schools immune from teachers’ discrimination claims

Posted on July 8, 2020July 8, 2020 by Michael Peabody

The ethical and moral onus is now on religious institutions as they decide whether to fire “ministerial” employees for reasons illegal in the secular world, such as age or the need for cancer treatment. Institutions engaging in this kind of discriminatory tactic will still need to answer to a Higher Source who will not be impressed with their ability to obtain summary judgment. The way for religious institutions to “win” these cases is to avoid them in the first place by taking the lead in treating employees with the highest degree of care and concern.

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COVID-19 aid package that does not exclude churches passes with bipartisan support

Posted on April 10, 2020April 10, 2020 by Michael Peabody

Although the Small Business Administration typically works with for-profit enterprises, the CARES Act does not exclude non-profit organizations from this funding, including churches. Banks will distribute these loans to qualifying organizations on a first-come, first-served basis. 

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Should churches “stay-at-home”? Martin Luther offers guidance

Posted on March 29, 2020March 30, 2020 by Michael Peabody

Although Luther wrote it nearly 500 years ago, his advice on how to handle an epidemic is still valid. Trust God and take precautions. 

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Supreme Court finds Puerto Rico court lacked jurisdiction to seize Catholic assets to pay school pension obligations

Posted on February 24, 2020February 24, 2020 by Michael Peabody

The Supreme Court ruled today per curiam that the Puerto Rico Supreme Court erred when it determined that the “Roman Catholic and Apostolic Church” was responsible for properly administering a pension plan for the employees of Catholic Schools Trust.

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Darrell Patterson - Photo from Becketfund media Kit

Supreme Court declines to hear Sabbath accommodation case

Posted on February 24, 2020February 26, 2020 by Michael Peabody

The Supreme court has decided against hearing a workplace accommodation case involving a Seventh-day Adventist, but hints that it may revisit employer accommodation standards in the future. 

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Judge dismisses pension funding case against religious hospital chain

Posted on February 3, 2020February 3, 2020 by Michael Peabody

This decision is a good primer on the actual harm element requirement needed in order to have standing in Federal Court.

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“So help me God” and the jury – 11th Circuit rules juror who claimed “divine revelation” properly dismissed

Posted on January 13, 2020January 30, 2020 by Michael Peabody

When jurors are selected for trial in Federal court, they are asked to adopt the phrase “so help me God.” What happens when they take that oath too seriously?

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Supreme Court to decide whether church school teachers are barred from suing for discrimination

Posted on December 18, 2019December 18, 2019 by Michael Peabody

The Supreme Court announced today that it would hear arguments in two employment cases involving whether teachers in Catholic Schools can file lawsuits in pursuit of employment non-discrimination rights.  The Court has consolidated St. James School v. Biel and Our Lady of Guadalupe School v. Morrissey-Berru, both on appeal from the Ninth Circuit, which decided the teachers could sue.  

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Solicitor General recommends that Supreme Court hear Sabbath accommodation case

Posted on December 9, 2019December 10, 2019 by Michael Peabody

The Solicitor General of the United States, Noel Francisco, has recommended that the United States Supreme Court agree to consider a Sabbath accommodation case involving a Seventh-day Adventist. 

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

Posted on July 2, 2019June 29, 2020 by Michael Peabody

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.

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