Legal Issues Archives - Page 14 of 55 - ReligiousLiberty.TV / Founders' First Freedom® - News and Updates on Religious Liberty and Freedom

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.

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

Posted on June 19, 2019June 19, 2019 by ReligiousLiberty.TV

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.

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

Posted on June 17, 2019June 17, 2019 by ReligiousLiberty.TV

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.

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

Posted on June 5, 2019 by Michael Peabody

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.

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

Posted on March 28, 2019March 28, 2019 by Michael Peabody

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.

Supreme Court: The 8th Amendment’s Excessive Fines Clause is incorporated against the states via the 14th Amendment

Posted on February 20, 2019February 20, 2019 by Michael Peabody

This morning, the United States Supreme Court issued a ruling that the 14th Amendment applies the “Excessive Fines Clause” of the 8th Amendment to the states.

Parties objecting to regulatory decision must follow administrative process

Posted on February 20, 2019 by Michael Peabody

This week the Supreme Court denied certiorari in a case where nuns filed their Religious Freedom Restoration Act (RFRA) case opposing a pipeline across their property in the wrong venue and ignored the required dispute resolution process.

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

Posted on February 11, 2019February 11, 2019 by Michael Peabody

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.

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

Posted on January 30, 2019January 30, 2019 by Michael Peabody

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.

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

Posted on January 16, 2019January 16, 2019 by ReligiousLiberty.TV

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.