Constitution

Supreme Court: Religious schools immune from teachers' discrimination claims

Supreme Court of the United States

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.

 
 

Did the Supreme Court open the door to regulation of religious schools?

Did the Supreme Court open the door to regulation of religious schools?

With the death of state Blaine Amendments this week, religious schools that welcome state money might find that they are now subject to regulation that may undermine their very reason for existence. 

 
 

Kentucky Court: Hands On Originals case dismissed – LGBTQ+ rights organization lacks standing

Kentucky Court: Hands On Originals case dismissed – LGBTQ+ rights organization lacks standing

The Kentucky Supreme Court has ruled that an organization that sued Hands On Originals ("Hands On"), a t-shirt print company, for discrimination lacked standing as an "individual" to pursue the claim.

 
 

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

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

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.

 
 

BREAKING: Supreme Court says WWI Cross can stand due to age

By Ben Jacobson (Kranar Drogin) - Own work, CC BY-SA 3.0,

There's an old adage that bad facts make bad law, and in this case, given political exigencies, there was little to no chance that the Court would have found that the cross must be removed from public property. While we had previously anticipated that denying the case based on standing would have been the "easy answer," the Court issued a ruling today that addressed the cross on the merits. Now our attention turns to whether there is collateral damage to the substance of the Establishment Clause.

 
 

High Court decision on Muslim clergy at execution challenges rule of law

High Court decision on Muslim clergy at execution challenges rule of law

In ruling that an unwritten rule, quite possibly manufactured after the execution was already scheduled, should not be subject to a judicial Establishment Clause and potentially Free Exercise Clause analysis, the Court has created a troubling precedent that targets the principle of the rule of law.

 
 

Virginia Statute of Religious Freedom of 1786 reminds us of the mutual benefits of church-state separation

Virginia Statute of Religious Freedom of 1786 reminds us of the mutual benefits of church-state separation

The Virginia legislators who approved the religious freedom statute in 1786, separating church and state, recognized the potential for change, and call the Americans of 2019 and beyond to a greater truth and a higher reality.

 
 

Supreme Court Agrees to Hear WWI Memorial Cross Case

Supreme Court Agrees to Hear WWI Memorial Cross Case

The Supreme Court has agreed to hear an appeal of a 4th Circuit decision involving a Maryland cross-shaped WWI memorial. In 2017, the 4th US Circuit Court of Appeals held 2-1 that the structure, erected in 1925, “has the primary effect of excessively endorsing religion and excessively entangles the government in religion.”

 
 

Turning Back the Clock: The Plot to Dismantle the Establishment Clause

Turning Back the Clock: The Plot to Dismantle the Establishment Clause

Over the last few decades, a religious movement has gained widespread political power with the stated intent of turning back the clock by dismantling the Establishment Clause, which requires separation of church and state.

 
 

Moves by both sides make citizen journalism an endangered species

Moves by both sides make citizen journalism an endangered species

Regulation of online speech is marching forward from both the left and the right, and it may only be a matter of time until free expression on the Internet becomes a thing of the past.