Tag: Establishment Clause

Alabama Supreme Court Upholds Methodist Church’s Property Rights Amid Disaffiliation Dispute

The Alabama Supreme Court has ruled in favor of the Alabama-West Florida Conference of the United Methodist Church, dismissing a lawsuit by 44 Methodist churches seeking to disaffiliate over doctrinal disputes about human sexuality while retaining their properties. The court’s decision, based on the Establishment Clause of the First Amendment, underscores the limitations of civil courts in resolving ecclesiastical issues, leaving the churches to navigate the UMC’s internal processes for resolution.

June 5, 2024 Read →

States Rights and the Religion Clauses: Examining the North Carolina Resolution

This week, two members of the North Carolina House of Representatives submitted a resolution which would declare that “the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.” In other words, the legislation declared that that the state could make its own laws about religion and the federal government would not be able to stop them. Although the resolution is not likely to be approved, it does deserve some serious examination as it reflects a common argument arising in the religious right that the Establishment Clause does not apply to the states.

April 5, 2013 Read →

Supreme Court nominee Sotomayor’s rulings on religious issues

University of Toledo law professor Howard M. Friedman has compiled a list of Judge Sonia Sotomayor’s rulings on religion clause issues at his blog, Religion Clause. Sotomayor has served on the Second Circuit since 1998. She served as a federal district court judge in the Southern District of New York from 1992 to 1998.

May 26, 2009 Read →