Legal Issues

Court to consider tax funding of religious schools, pre-viability abortion ban, and clergy activity at executions

Court to consider tax funding of religious schools, pre-viability abortion ban, and clergy activity at executions

This term, the Supreme Court will be revisiting the issue of whether states must fund religious schools, whether clergy members can say prayers during executions of inmates, and whether a state can ban abortion before viability. The following is a brief summary and analysis of the cases. 

 
 

High Court hands Catholic Social Services narrowly drafted victory

Supreme Court of the United States

The Supreme Court finds for a Catholic foster care service while sidestepping a larger free exercise of religion issue.

 
 

California agrees to stop enforcing restrictions on churches and to pay church attorney fees

California agrees to stop enforcing restrictions on churches and to pay church attorney fees

After a year of litigation, the state of California is ordered to back down and pay the attorney fees of a church that had to defend its civil right to meet.

 
 

California lifts location and attendance limits on churches following Supreme Court ruling

California lifts location and attendance limits on churches following Supreme Court ruling

Following Friday's Supreme Court ruling, California has lifted restrictions on the number of attendees and location of religious services.

 
 

US Supreme Court overturns California restrictions on in-home Bible studies

Supreme Court of the United States

In a decision released Friday night, April 9, 2021, the United States Supreme Court has blocked California's COVID-19 restrictions on in-home religious gatherings.  

 
 

Supreme Court Declines to Hear Workplace Religious Accommodation Cases

Supreme Court of the United States

Yesterday, the U.S. Supreme Court announced that it would not be hearing two major workplace religious accommodation cases.

 
 

LGBTQ+ Students Sue to Eliminate Title IX Religious Exemption

LGBTQ+ Students Sue to Eliminate Title IX Religious Exemption

A group of current and former LGBTQ+ students have sued the U.S. Department of Education to either force their colleges, universities, and seminaries to change their policies or to stop providing federal financial assistance.

 
 

Free Speech and Social Media Censorship: An Analysis

Free Speech and Social Media Censorship: An Analysis

The guarantee of Free Speech exists next to the religious freedom guarantees in the First Amendment of the United States Constitution. These rights often intersect, as the ability to speak according to one’s conscience is innate to almost any conscientious belief system in existence. To apply restrictions to speech would also be applying restrictions to the exercise of religion.

 
 

Court unanimously finds RFRA plaintiffs can sue FBI agents for money damages

Supreme Court of the United States

The Supreme Court ruled unanimously that plaintiffs whose religious rights were violated can sue government employees individually for monetary damages.

 
 

LA County recognizes churches are constitutionally exempt from stay-at-home order

LA County recognizes churches are constitutionally exempt from stay-at-home order

The language of the new Los Angeles COVID restriction specifically exempts religious gatherings as a matter of constitutional right.