First Amendment

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.

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“The Price of Citizenship”? New Mexico Supreme Court rules Christian must photograph same-sex ceremony

Yesterday, the New Mexico Supreme Court ruled that the First Amendment does not protect a photographer’s decision not to photograph a same-sex commitment ceremony even if it would violate the photographer’s deeply held religious beliefs.

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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.

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