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Category: Constitution

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

Posted on December 13, 2020 by ReligiousLiberty.TV

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

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

Posted on December 2, 2020December 2, 2020 by ReligiousLiberty.TV

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

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Satanic Temple claims abortion is a religious ritual protected by the Free Exercise clause

Posted on October 7, 2020October 7, 2020 by ReligiousLiberty.TV

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.

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Church deserves trial on constitutionality of shutdown order rules judge

Posted on September 30, 2020September 30, 2020 by ReligiousLiberty.TV

Contempt of court is a quasi-criminal act, and the court cannot punish someone for breaking a regulation if that regulation is not constitutional.

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Ruth Bader Ginsburg

“I dissent!” A Survey of Justice Ruth Bader Ginsburg’s Religion Clause Jurisprudence

Posted on September 19, 2020February 8, 2022 by Michael Peabody

Ginsburg wrote little on the religion clauses, but she frequently joined with those Justices who favored a strong separation of church and state. 

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Supreme Court: Religious schools immune from teachers’ discrimination claims

Posted on July 8, 2020July 8, 2020 by Michael Peabody

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.

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

Posted on July 1, 2020July 1, 2020 by ReligiousLiberty.TV

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. 

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

Posted on November 4, 2019November 4, 2019 by ReligiousLiberty.TV

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.

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

Posted on July 2, 2019June 29, 2020 by Michael Peabody

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.

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

Posted on June 20, 2019June 21, 2019 by Michael Peabody

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.

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