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
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
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
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
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.
9th Cir: Catholic School Teacher Fired for Requesting Time for Cancer Treatment May Pursue ADA Discrimination Claim
On December 17, the Ninth Circuit Court of Appeals ruled 2-1 that the ministerial exception does not bar a teacher in a Catholic school who was fired because she needed time off work for surgery and chemotherapy from pursuing a claim under the Americans with Disability Act.
Telling the Truth About Santa Claus is “Blasphemy” in America
Aaron Urbanski, 31, was charged Saturday with a criminal disturbance in Cleburne, Texas after protesting outside of a church during a a “Breakfast with Santa Event.” His crime was telling kids that Santa Claus was not real, according to The Associated Press. A week before in New Jersey, a school district fired a substitute teacher who also told students that Santa Claus is not real. Apparently, telling the truth about Santa Claus constitutes “blasphemy” in America.
Minnesota Congresswoman’s Proposal to Allow Religious Headwear Deserves Support
Minnesota Democrat Ilhan Omar, elected Nov. 6, 2018, to the U.S. House of Representatives, has co-authored a proposal that, among other things, will make it clear that the House Rules allow religious headwear to be worn inside the House chamber. Omar is one of the first two Muslim women elected to Congress. Omar…
Supreme Court to decide whether Excessive Fines Clause applies to states
The Supreme Court is likely to decide that the 14th Amendment applies the Excessive Fines Clause of the 8th Amendment of the Bill of Rights to the states in Indiana civil forfeiture case.
Idaho Jury Finds HOA Discriminated Against Religion in Christmas House Case
A camel, goats, 200,000 lights, and hundreds of people being Shuttled into your neighborhood to meet Santa Claus? HOA says, “No Thanks” and gets slapped with a religious discrimination lawsuit, and the jury rules against the HOA.