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.
Supreme Court to hear challenge to Montana’s no-aid-to-religion law Read More »
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 »
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.
FFRF decides not to appeal 7th Circuit opinion upholding parsonage allowance Read More »
The Free Exercise Clause that guarantees religious freedom is much weaker than most people realize. While freedom of speech, freedom of the press, freedom of assembly, and even the establishment clause are subject to highest “strict scrutiny” levels of protection, the free exercise of religion receives the lowest level of protection – the “rational basis test.”
Why the Free Exercise Clause needs to be strengthened Read More »
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.
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.
Legislation that would add sex, gender identity, and sexual orientation to the Civil Rights Act of 1964 threatens women’s bodily privacy says feminist organization
In Congress, Federal Equality Act as drafted faces feminist opposition Read More »
Peter Chung, a history teacher at San Gabriel Academy in Southern California, hosts a religious liberty and social justice podcast series, “Healing the Nations,” that addresses current issues “through the lens of the historical religious liberty view of the Seventh-day Adventist Church.
Podcast highlights religious liberty and social justice through Adventist lens Read More »
The Vatican has released a document, “Religious Liberty for the Good of All,” calling for an expansion of religious liberty in the face of competing strains of religious fundamentalism and secular intolerance. While not addressing each and every conflict, the document is intended to express the relationship between civil law and religious law in the context of theology, anthropology, and political science.
Too broad an exception from neutral, generally applicable law, and protections against discrimination vanish. Too narrow an exception and free exercise of religion protections vanish. What is clear is that these cases will continue to make their way through the lower courts with differing results until the Supreme Court makes a decision.
Another cake case gives Court opportunity to resolve free exercise confusion Read More »
