Supreme Court

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

Supreme Court of the United States

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. 

 
 

Supreme Court to decide whether church school teachers are barred from suing for discrimination

Supreme Court of the United States

The Supreme Court announced today that it would hear arguments in two employment cases involving whether teachers in Catholic Schools can file lawsuits in pursuit of employment non-discrimination rights.  The Court has consolidated St. James School v. Biel and Our Lady of Guadalupe School v. Morrissey-Berru, both on appeal from the Ninth Circuit, which decided the teachers could sue.  

 
 

Supreme Court declines to hear case involving 1925 baptism

Supreme Court of the United States

This week, the U.S. Supreme Court declined to review a lawsuit filed by a 94-year-old Texas man who claimed that a priest violated his First Amendment rights when he used a crucifix during his 1925 baptism. The Fifth Circuit ruled that it lacked jurisdiction to hear the case in July. The Fifth Circuit's decision provides a basic primer on the […]

 
 

Solicitor General recommends that Supreme Court hear Sabbath accommodation case

Supreme Court of the United States

The Solicitor General of the United States, Noel Francisco, has recommended that the United States Supreme Court agree to consider a Sabbath accommodation case involving a Seventh-day Adventist. 

 
 

Supreme Court to decide whether RFRA permits monetary damages against federal employees

Supreme Court of the United States

The Supreme Court has agreed to decide whether the Religious Freedom Restoration Act (RFRA) permits lawsuits seeking money damages against individual federal employees.

 
 

Analysis: Could churches lose their tax-exempt status if they refuse to recognize same-sex marriage?

Small old white church in the country

Earlier this month, presidential candidate Beto O’Rourke stated that he would support removing the tax-exempt status of organizations and institutions that oppose same-sex marriage. Specifically, O’Rourke said, “There can be no reward, no benefit, no tax break for anyone or any institution or organization in America that denies the full human rights, and the full civil rights of everyone in America.”

 
 

Primer on U.S. Abortion Law: Supreme Court agrees to hear challenge to Louisiana abortion restriction

Supreme Court of the United States

The Supreme Court has agreed to hear argument in a case involving a Louisiana regulation on abortion doctors. It is similar to a Texas case decided in 2016.

 
 

Legal and Legislative Update

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

 
 

Supreme Court to hear challenge to Montana's no-aid-to-religion law

Supreme Court to hear challenge to Montana's no-aid-to-religion law

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.

 
 

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

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

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.