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Federal courts and abortion laws

Federal Court: Trump’s “Conscience Act” exceeds authority but does not violate the Establishment Clause

In a 147-page ruling issued today, New York Federal Judge Paul Engelmayer found that the Trump administration’s “conscience act” exceeded the president’s authority but did not violate the Establishment Clause. Given its procedural defects, the rule was invalidated in its entirety. 

Federal Court: Trump’s “Conscience Act” exceeds authority but does not violate the Establishment Clause Read More »

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.”

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

Centura Health - Golden, Colorado

Catholic / Adventist hospital fires doctor who sued for right to provide suicide drugs

A Colorado doctor who sued Centura Health, a Catholic and Seventh-day Adventist network of hospitals, for the right to dispense aid in dying medication was fired last week for violating a provision of her employment that prohibited her from encouraging assisted suicide or euthanasia. 

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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.” 

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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.  

Another cake case gives Court opportunity to resolve free exercise confusion Read More »

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