Religious Institutions

A California Court of Appeals has ruled that a religious hospital can be liable for discrimination if it refuses to provide medical services for religious reasons without immediately providing a referral to a hospital that will accommodate the patient.  

An update on the status of Patterson v. Walgreen, New York expands statute of limitations on child sexual abuses case, ministerial exception in disability claims, and Sabbath accommodation

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.

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. 

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.

The Seventh Circuit Court of Appeals heard oral arguments this week in Gaylor v. Peecher, a case that challenges the constitutionality of tax-exempt housing for clergy. Under 25 U.S.C. § 107(2), a pastor may receive a payment separate from taxable salary to pay for housing-related expenses including rent, mortgages and utility services.

The #MeToo movement has opened the floodgates on sexual abuse allegations. Now it is up to churches, schools, and institutions to prevent it, and for parents to know the signs of sexual abuse to protect their children.

Would you choose to mount a sixteen-foot maraschino cherry on the roof of your church?  You probably wouldn’t, but would you consider doing so if it were part of a deal where your church would receive a large donation?  This situation may seem ridiculous, but many times government money offered to religious institutions has very troubling “strings” attached. 

California Governor Jerry Brown has vetoed legislation that would have prohibited religiously affiliated institutions from taking employment action against non-ministerial employees for their reproductive health decisions including “the use of any drug, device, or medical service.”

President Obama threatens to veto defense budget bill if language permitting discrimination on basis of religion or sexual orientation remains.