Legal Issues

Abortion / Contraception Supreme Court

Court strikes down Louisiana law that abortion doctors must have admitting privileges at local hospital

This morning the Supreme Court struck down a Louisiana law that required doctors who perform abortions to have admitting privileges at a nearby hospital. The issue in June Medical Services LLC v. Russo, was whether this limit actually protected the health of pregnant women and wasn’t in place just to make it more difficult to have an abortion. This was very similar to the issue the Court last visited in 2016 (Whole Woman’s Health v. Hellerstedt) when it overturned a Texas abortion doctor admitting privileges requirement.

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Land Use Religious Institutions

Federal Court rules church can be excluded from California city downtown area

A federal court in the San Francisco Bay Area has determined that churches do not contribute to a vibrant and fun atmosphere and therefore may be excluded from Salinas’ downtown area.

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Church and State COVID-19

COVID-19 aid package that does not exclude churches passes with bipartisan support

Although the Small Business Administration typically works with for-profit enterprises, the CARES Act does not exclude non-profit organizations from this funding, including churches. Banks will distribute these loans to qualifying organizations on a first-come, first-served basis. 

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Human Life Privacy Supreme Court

Supreme Court considers standing and medical necessity of admitting privileges in Louisiana abortion case

[dc]Y[/dc]esterday the Supreme Court heard oral arguments (link to transcript) in the Louisiana abortion case, Russo v. June Medical Services. This case is a challenge to a new Louisiana state law that requires doctors who perform abortions to have admitting privileges at a local hospital within 30 miles. Because the admitting privileges requirements can be […]

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Legal Issues Religious Institutions Supreme Court

Supreme Court finds Puerto Rico court lacked jurisdiction to seize Catholic assets to pay school pension obligations

The Supreme Court ruled today per curiam that the Puerto Rico Supreme Court erred when it determined that the “Roman Catholic and Apostolic Church” was responsible for properly administering a pension plan for the employees of Catholic Schools Trust.

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Discrimination Free Exercise Religious Institutions

Supreme Court agrees to hear Philadelphia faith-based adoption agency case

On February 24, 2020, the Supreme court agreed to hear an appeal brought against the city of Philadelphia by Catholic Social Services (CSS). The city has a standing policy of not referring foster children to CSS because CSS will not certify same-sex couples as foster parents.

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Darrell Patterson - Photo from Becketfund media Kit
Discrimination Employment Law Religious Accommodation Supreme Court

Supreme Court declines to hear Sabbath accommodation case

The Supreme court has decided against hearing a workplace accommodation case involving a Seventh-day Adventist, but hints that it may revisit employer accommodation standards in the future. 

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Religious Institutions

Judge dismisses pension funding case against religious hospital chain

This decision is a good primer on the actual harm element requirement needed in order to have standing in Federal Court.

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Education Supreme Court

Could a Supreme Court ruling requiring states to give religious schools voucher money kill voucher programs?

Harvard Law professor Mark Tushnet argues in an interview published in Harvard Law Today (1/21/2020) that if the Supreme Court requires funding to go to both religious and secular schools, voters might reject voucher programs altogether. 

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Education Free Exercise

Dept. of Education Releases Guidance on Prayer and Religious Expression in Public Schools

Here are the key points of the Dept. of Education’s Guidance on Constitutionally Protected Prayer and Religious Expression in Public Schools.

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