A comprehensive review of retiring Supreme Court Justice Stephen Breyer’s decisions in Free Exercise and Establishment Clause cases.
Free Exercise
Supreme Court hears argument in football coach post-game prayer case
The Supreme Court will likely find that the coach’s interest in free speech and free exercise of religion is more compelling than a potential Establishment Clause violation.
Satanic Temple Sues Company that Refused “Abortion Ritual” Billboard
The Satanic Temple has sued a billboard company for refusing to put up billboards promoting awareness of the “Satanic Abortion Ritual.”
Explainer: Supreme Court’s OSHA and HHS Vaccine Mandate Decisions
Both the OSHA and HHS vaccine mandates provided for religious accommodation which would be enforced through the Religious Freedom Restoration Act. Without a Federal OSHA requirement, RFRA may only apply to HHS cases.
High Court hands Catholic Social Services narrowly drafted victory
The Supreme Court finds for a Catholic foster care service while sidestepping a larger free exercise of religion issue.
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
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.
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
The Supreme Court ruled unanimously that plaintiffs whose religious rights were violated can sue government employees individually for monetary damages.
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.