Current Events

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

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.”

October 25, 2019 Read →

Why the Free Exercise Clause needs to be strengthened

The Free Exercise Clause that guarantees religious freedom is much weaker than most people realize.  While freedom of speech, freedom of the press, freedom of assembly, and even the establishment clause are subject to highest “strict scrutiny” levels of protection, the free exercise of religion receives the lowest level of protection – the “rational basis test.” 

June 18, 2019 Read →

Another cake case gives Court opportunity to resolve free exercise confusion

Too broad an exception from neutral, generally applicable law, and protections against discrimination vanish. Too narrow an exception and free exercise of religion protections vanish. What is clear is that these cases will continue to make their way through the lower courts with differing results until the Supreme Court makes a decision.  

April 24, 2019 Read →

New York Court Upholds Emergency Mandatory Vaccination

Taking the significance of the public health emergency and religious beliefs into account when deciding what to do in these circumstances is difficult. It is too easy to dismiss religious claims as unscientific and foolish in the face of a measles outbreak, but in so doing it behooves the parties to seek a compromise

April 23, 2019 Read →