Theresa Lynn Sidebotham – Telios Law PLLC

An interesting new article addresses a common problem in special education law--whether the school's evaluation is adequate. Mark Weber's article, "All Suspected Areas of Disability," discusses new case law, and points out that…more

A federal district court reversed a magistrate judge's decision on whether a lay counselor's communications in a prison ministry were privileged. Under both the Kansas statute and common law, the judge found that the…more

Church property cases are tough for courts because they have to figure out a way to resolve the conflict without getting involved in evaluating theology or doctrine. In a small Baptist Church case with an unusual power…more

Both plaintiff and defendant in litigation need to evaluate how much the case is worth. When they are able to agree at a certain point, the case will settle. If they intend to go to trial, they must know if it is worth it. The…more

The privilege of talking confidentially with clergy, such as a pastor or priest, is ancient and honored, and clergy cannot be made to testify about those conversations. Some states have fairly broad statutes defining the…more

A number of companies have challenged the HHS mandate's requirements on contraceptive services because of religious objections to contraception or abortifacients. Some of these cases are brought by closely-held for-profit…more

When a governmental land use regulation imposes a substantial burden on churches, RLUIPA requires that the government show that it has a compelling interest and is meeting that interest in the least restrictive way. So initially…more

A recent unpublished case discusses when a school can forbid student religious speech. If the speech is school-sponsored expressive speech, the school has much more leeway to exercise editorial control, needing only to relate…more

Muslim men detained after 9/11 filed claims that their civil rights had been violated. A January 2013 opinion allows some of these claims go go forward, such as equal protection, free exercise, and claims related to an…more

Certain situations exist where you can file some kind of legal action against the government, either administrative or a lawsuit. Examples are special education due process hearings and Section 1983 claims for violation of…more

In public school, the constitutional tension can be high on these issues: students' and teachers' free speech rights; teachers' Free Exercise rights; the school's concern for the Establishment clause; when bullying begins; and…more

Do you have a right not to work on your Sabbath? Title VII prohibits religious discrimination--and that includes religious observance and practice. But there is an exception if the employer cannot reasonably accommodate you…more

Christian for-profit companies may object to providing insurance covering contraceptive, sterilization, or abortifacient services based on the religious beliefs of their owners. Five recent cases test whether the HHS mandate may…more

If an individual is injured while interacting with a church or ministry, he or she may file a personal injury lawsuit against the organization for negligence. This post examines the elements of tort claims against a religious…more

Sometimes when school boards worry about endorsing religion, they go too far the other way. This seems to have happened when fourth-grade J.G. was not allowed to hand out his Easter Egg Hunt invitations. A Florida federal court…more