The Court took an ax to the trunk of the Lemon tree and replaced it with a vague “history and tradition” rule.
Category: Constitution
Supreme Court rules 9-0 that Boston violated 1st Amendment in refusing Christian flag at City Hall
This morning the Supreme Court unanimously ruled in Shurtleff v. Boston (Dec’d 5/2/2022) that the city of Boston violated the free speech rights of a Christian group when it refused to allow them to participate in a city flag raising program.
Active Liberty: A Survey of Justice Stephen Breyer’s Religion Clause Decisions
A comprehensive review of retiring Supreme Court Justice Stephen Breyer’s decisions in Free Exercise and Establishment Clause cases.
Biden admin announces “Disinformation Governance Board”
But as the government continues to pull the strings by asking private companies to curtail freedom of speech it increasingly becomes an actor in unconstitutionally curtailing freedom of speech.
Court unanimously finds RFRA plaintiffs can sue FBI agents for money damages
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
The language of the new Los Angeles COVID restriction specifically exempts religious gatherings as a matter of constitutional right.
Satanic Temple claims abortion is a religious ritual protected by the Free Exercise clause
The Satanic Temple is asserting a free exercise right to abortion as a religious ritual in lawsuits against the state of Missouri and against a Louisiana advertising agency.
Church deserves trial on constitutionality of shutdown order rules judge
Contempt of court is a quasi-criminal act, and the court cannot punish someone for breaking a regulation if that regulation is not constitutional.
“I dissent!” A Survey of Justice Ruth Bader Ginsburg’s Religion Clause Jurisprudence
Ginsburg wrote little on the religion clauses, but she frequently joined with those Justices who favored a strong separation of church and state.
Supreme Court: Religious schools immune from teachers’ discrimination claims
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.