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
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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 »
Taking the significance of the public health emergency and religious beliefs into account when deciding what to do in these circumstances is difficult. It is too easy to dismiss religious claims as unscientific and foolish in the face of a measles outbreak, but in so doing it behooves the parties to seek a compromise
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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.
Supreme Court Requests Solicitor General’s Opinion on Sabbath Accommodation Case Read More »
Whether a religious symbol or edifice needs to masquerade as a secular structure in order to escape Establishment Clause scrutiny is at issue in two major cases at the United State Supreme Court.
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