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Nonprofits Constitutional Law Civil Rights

Read need-to-know updates, commentary, and analysis on Nonprofits issues written by leading professionals.

RLUIPA Round Up

The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more

Why Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell

Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help...more

“Opt Out” Accommodation Under Affordable Care Act Validated After Challenge from Religious Objectors

In what continues to be a controversial and developing area of employment law, a federal appellate court recently validated the Affordable Care Act’s (ACA) “opt out” provision, finding that requiring nonprofit employers to...more

St. Louis Homeless Shelter Files RLUIPA Claim and Requests Preliminary Injunction to Continue Operations

by Robinson & Cole LLP on

Plaintiff, New Life Evangelistic Center, Inc., (“New Life”), an interdenominational Christian Church formed in 1972 by Reverend Larry Rice, recently sued the City of St. Louis, Missouri (the “City”) in the Eastern District of...more

Religious Institutions Update: March 2015

by Holland & Knight LLP on

Several interrelated legal developments make it more important than ever for religious institutions intending to qualify for exemptions to generally applicable laws to do the hard work before litigation or administrative...more

Washington Supreme Court Holds That the WLAD Exemption for Non-Profit Religious Organizations is Unconstitutional as Applied to...

by Stoel Rives LLP on

The Washington Supreme Court has significantly limited non-profit religious organizations’ immunity from employment discrimination claims brought under the Washington Law Against Discrimination (“WLAD”), RCW 49.60. In...more

An Unusual Perspective in the Clash of Rights--Thomas Berg’s “Progressive Arguments for Religious Organizational Freedom:...

by Theresa Lynn Sidebotham on

Many debates discuss the clash of rights between religious liberties and other civil rights. Often this debate pits conservatives against progressives. Thomas Berg has written a well-reasoned article discussing why...more

Religious Institutions Update: August/September 2013

by Holland & Knight LLP on

On August 2, 2013, the White House's Office of Management and Budget issued a memorandum instructing federal agencies to take steps to carry out President Obama's executive order (E.O. 13559 (Nov. 17, 2010)) adopting several...more

Religious Institutions Update: November 2012

by Holland & Knight LLP on

Nearly everyone uses social media these days, from Facebook and LinkedIn to YouTube and Twitter. Employers have learned that social media can be a valuable recruiting device, enabling them to identify candidates with the...more

Washington Rejects Clergy Negligent Supervision/Retention Claims in Church Quarrel

by Theresa Lynn Sidebotham on

The Supreme Court of Washington recently limited negligent supervision and negligent retention claims against churches, based on the First Amendment and deference to religious tribunals. Title VII claims may also be limited,...more

Good News in the Schoolhouse

by Theresa Lynn Sidebotham on

In Child Evangelism Fellowship v. Minneapolis Special School Dist. No. 1, the Eighth Circuit recently provided guidance on how religious community organizations may partner with school districts and on the interaction between...more

Monitoring Spiritual and Mental Health for Religious Workers Without Violating the ADA

by Theresa Lynn Sidebotham on

Religious organizations may have particular spiritual and safety concerns around mental health issues for their workers. A recent holding that requiring employees to get mental health counseling is likely a violation of the...more

Religious Institutions: September 2012 Update

by Holland & Knight LLP on

A corporation is an artificial or fictional person, ordinarily distinct from both its individual members or shareholders and its subsidiaries and affiliates, even when owned by just one person. A key reason many organizations...more

Reprise of the Hosanna-Tabor Facts and Principles

by Theresa Lynn Sidebotham on

A recent case is an eerie factual copycat of the recent U.S. Supreme Court decision in Hosanna-Tabor v. EEOC, an employment law case in a church and school that applied the constitutional ministerial exception doctrine....more

Students for Concealed Carry on Campus v. University of Colorado

OpinionColorado

by Jim Manley on

The Students for Concealed Carry on Campus filed a complaint against the University of Colorado’s Board of Regents and others alleging that the Board’s Weapons Control Policy violated the Colorado Concealed Carry...more

OBLIGATION IGNORED: WHY INTERNATIONAL LAW REQUIRES THE UNITED STATES TO PROVIDE ADEQUATE CIVIL LEGAL AID, WHAT THE UNITED STATES...

by Zach Zarnow on

Exploring international legal obligations to provide civil legal aid, assessing U.S. compliance, and suggesting improved civil legal aid through the use of Legal Empowerment techniques that have been successful in other...more

Johnson v. Whitehead, et. al

Equal Protection challenge to Citizenship Law w/ Classifications based on Illegitimacy & SexU.S. Supreme Court

by Rachel Zoghlin on

Today, the UNROW Human Rights Impact Litigation Clinic at American University Washington College of Law filed a petition for Writ of Certiorari to the U.S. Supreme Court challenging, on Equal Protection grounds, a federal...more

Implications of the CLS v. Martinez Supreme Court Decision

by Gammon & Grange, P.C. on

In CLS v. Martinez, the Hastings College of Law sought to impose a nondiscrimination policy that required all student organizations to accept as members and officers any student who attended the law school, even if that...more

Material Support Laws: Combating Terrorism or Terrorizing Peace?

by Gammon & Grange, P.C. on

Alternatively hailed as a bulwark in our nation's war on terrorism and denounced as a descent into a new era of McCarthyism, the Supreme Court's June 21, 2010 decision in Holder v. Humanitarian Law Project could have a...more

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