Category: Establishment

SUPREME COURT OPINION ALERT: Court Upholds “Travel Ban 3.0”

Third time’s the charm.  Today, the Supreme Court upheld the third iteration of President Trump’s executive order temporarily restricting people from several majority-Muslim countries from entering the United States—the so-called “travel ban.”  In a 5-4 opinion, written by Chief Justice Roberts, the Court found that the executive order did not violate the Establishment Clause of… Read More SUPREME COURT OPINION ALERT: Court Upholds “Travel Ban 3.0”

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Indiana High School’s Nativity Scene Held Unconstitutional

In Elkhart, Indiana, about half an hour east of South Bend, students at Concord High School have, for almost 50 years, participated in the school’s elaborate Christmas concert called their “Christmas Spectacular.”  The students are a huge part of this production; in addition to showing off dance, choral, and instrumental talents, they also design and… Read More Indiana High School’s Nativity Scene Held Unconstitutional

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New York Methodist Hospital Exempt from Employment Laws

This case is the next in a series of cases involving whether religiously affiliated organizations must comply with federal employment-nondiscrimination laws.  By way of background, a 2012 Supreme Court decision declared that the First Amendment prohibits federal employment laws from applying to “ministers.”  The Court wrote: “The Establishment Clause prevents the Government from appointing ministers,… Read More New York Methodist Hospital Exempt from Employment Laws

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First Amendment No Obstacle to Federal Uranium-Mining Ban in Arizona

In 2012, the Interior Department imposed a 20-year ban on new uranium mining on over a million acres of federal land in Arizona near the Grand Canyon.  One of the reasons for the ban was concern over groundwater contamination.  But another reason cited was to preserve “cultural and tribal resources” on the land because the… Read More First Amendment No Obstacle to Federal Uranium-Mining Ban in Arizona

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Okay for Church Retirement Plans to Be Exempt from Federal Regulatory Law

Like other religiously affiliated non-profits, Catholic Health Initiatives (a Colorado-based health care provider) offers its employees a retirement plan which is exempt from the requirements of the federal law known as ERISA (which stands for Early Retirement Income Security Act). ERISA sets minimum standards for private-sector pension plans and information for plans’ beneficiaries.  Janeen Medina,… Read More Okay for Church Retirement Plans to Be Exempt from Federal Regulatory Law

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40-Foot Cross on Public Property in Maryland Violates First Amendment

Shortly after World War I, private organizations in Prince George’s County, Maryland began building a large cross affixed with plaques and inscriptions to commemorate veterans of that county who died in the war.  The cross, which stands four stories tall, was located in the median of a highway intersection.  In 1961, citing the fact that… Read More 40-Foot Cross on Public Property in Maryland Violates First Amendment

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Michigan Anti-Vaxxer Told that Her Catholic Faith Does Not Oppose Vaccination

Much has been written about parents that refuse to vaccinate their children.  But as far as we know, this is the first time that the First Amendment has come up. Michigan requires that children be vaccinated.  But like almost every other state, Michigan provides waivers from the vaccination requirement if parents have religious objections.  A… Read More Michigan Anti-Vaxxer Told that Her Catholic Faith Does Not Oppose Vaccination

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Federal Tax Exemption for Ministers Held Unconstitutional

Annie Laurie Gaylor and Dan Barker serve as co-presidents of the Freedom from Religion Foundation, a non-profit organization seeking to protect separation of church and state.  As part of their role, they receive a housing allowance from the Foundation. In 2015, the two filed amended tax returns for 2012 and 2013, seeking a partial tax… Read More Federal Tax Exemption for Ministers Held Unconstitutional

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Sixth Circuit Upholds Prayer to Open County Board Meetings

This is yet another legislative-prayer case: analyzing whether it is a violation of the separation of church and state (the Establishment Clause) to begin a public meeting with prayer. Jackson County, Michigan–just west of Ann Arbor in southeast Michigan–opens its monthly meetings of its nine-member Board of Commissioners with prayer. The prayers are Commissioner-led and… Read More Sixth Circuit Upholds Prayer to Open County Board Meetings

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Churches and LGBT Individuals Not Allowed to Challenge Pro-Religious Mississippi Law

You may remember when the Supreme Court in 2015 declared that bans on same-sex marriage were unconstitutional. Well that decision was not particularly well-received in Mississippi. Shortly after the Supreme Court’s same-sex marriage decision, Mississippi enacted a law that enumerates three “sincerely held religious beliefs” entitled to legal protection. They are: (1) that marriage should… Read More Churches and LGBT Individuals Not Allowed to Challenge Pro-Religious Mississippi Law

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No Right to Free Speech in Public Job Interview

Dustin Buxton applied to the Radiation Therapy Program at a Baltimore-area community college. The 65-credit program grants an Associate of Applied Science, and graduates are poised to become radiation therapists for health-care providers, working with x-rays, MRIs, etc. Dustin got past the first stage of the application process (which was just a review of his… Read More No Right to Free Speech in Public Job Interview

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New York Catholic-School Principal Exempt from Employment Nondiscrimination Laws’ Protection

For four years, Joanne Fratello was the principal of a Catholic elementary school not far from New York City. When the school did not renew her contract, she sued the school and the church, alleging that the they had engaged in gender discrimination in violation of both state and federal law. The church responded that… Read More New York Catholic-School Principal Exempt from Employment Nondiscrimination Laws’ Protection

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Colorado Student’s Parent Allowed to Challenge School Fundraising for Religious Mission Trip

So this case is just a procedural decision (standing), but it has the makings of a very interesting church-and-state case. A student at a Colorado high school organized a spring-break mission trip to Guatemala through a Christian organization that arranges such mission trips. Two teachers at the high school agreed to chaperone the trip. The student… Read More Colorado Student’s Parent Allowed to Challenge School Fundraising for Religious Mission Trip

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Unconstitutional for County Board in North Carolina to Open Meetings with Prayers

The five-person Board of County Commissioners of Rowan County, North Carolina, begins each of their semi-monthly meetings with a prayer. (They post videos of their meetings online.) The full 15-judge Fourth Circuit U.S. Court of Appeals held 10-to-5 today that this practice is unconstitutional as a violation of the Establishment Clause. Prayer to start government… Read More Unconstitutional for County Board in North Carolina to Open Meetings with Prayers

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Missouri Must Pay Church for Resurfaced Playground

This was by far the Supreme Court’s most newsworthy First Amendment case this term. (You may have read about it in the New York Times, Washington Post, Wall Street Journal, or other news organization.) Missouri has a program that will partially reimburse schools, daycares, and other entities if they resurface their playgrounds with rubber from… Read More Missouri Must Pay Church for Resurfaced Playground

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