Legal Issues

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

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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.

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

FFRF decides not to appeal 7th Circuit opinion upholding parsonage allowance

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The Freedom from Religion Foundation has decided not to ask the U.S. Supreme Court to review the 7th Circuit decision in Gaylor v. Mnuchin  (7th Cir., March 15, 2019) upholding a clergy-specific tax-free housing allowance provision in the IRS code. The secular organization has consistently argued that Internal Revenue Code Sec. 107(2) violates the Establishment Clause. 

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High Court reverses Oregon finding against bakers and sends case back to lower court for further review

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The Supreme Court appears reluctant to squarely address the balance between the free exercise of religion and anti-discrimination statutes, or to discuss a claim for hybrid-rights combining “rational basis” free exercise rights with “strict scrutiny” free speech rights.

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Supreme Court rules that Title VII EEOC filing requirements are mandatory but not jurisdictional

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The Supreme Court issued a ruling on June 3, 2019, in a case (Fort Bend County v. Davis)  involving whether a court may hear a discrimination case where the plaintiff fails to raise all charges in an initial EEOC complaint.  The Court found that the Title VII’s rules are procedural, not jurisdictional, and as such procedural defenses need to be raised early in a case.

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Supreme Court Requests Solicitor General’s Opinion on Sabbath Accommodation Case

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The value of the Patterson case does not merely hinge on its facts, which would likely have to be developed at the trial level, but more importantly, it provides a vehicle for the Circuit courts to obtain needed guidance from the Supreme Court in order to consistently interpret Title VII religious accommodation requirements. 

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Justices hint interest in revisiting Title VII religious accommodation while declining to hear football coach prayer case

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It is debatable whether a claim by a public school football coach that he is compelled by religious belief to pray at the 50-yard line following each game is a good vehicle for addressing either free exercise or workplace religious accommodation. However, it does appear that the four justices who signed onto Alito’s response have concerns about the chilling effect of Hardison and Smith on the ability to even raise Title VII religious accommodation and Free Exercise Clause claims. With Patterson v. Walgreen Co., the Supreme Court has the opportunity to revisit religious accommodation claims under Title VII.

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