News & Analysis as of

Texas Court Rules Religious Institutions not Exempt From all Employment-Related Claims

The United States and Texas Constitutions each provide for the free exercise of religion and the separation of church and state. These constitutional prescriptions frequently bar the application of civil laws, including...more

Magistrate Judge Recommends Issuance of Preliminary Injunction to Hope Rising Church

Plaintiff Hope Rising Community Church is one step closer to obtaining a preliminary injunction against Penn Hills, Pennsylvania, as U.S. Magistrate Judge Robert C. Mitchell issued a Report and Recommendation to allow the...more

Update: Nomadic Church and Delanco Township Consent Order

On November 3, we reported that My Father’s House Ministry, Inc. (Church) sued Delanco Township, New Jersey after denial of the Church’s application for a use variance . (See our November 3 post). Based on the parties...more

Nomadic Church Sues New Jersey Township Over Denial of Use Variance

A predominantly African American Church of about 25 members known as My Father’s House Ministry, Inc. (Church) is suing Delanco Township, New Jersey over allegations that the Township violated both the Religious Land Use &...more

A Lesson in Judicial Ripeness: Homeless Shelter’s Suit Dismissed

A federal court has dismissed a lawsuit brought by New Life Evangelistic Center, Inc. against the City of St. Louis because New Life’s claims are not yet “ripe” for review. In order for a court to have jurisdiction to hear...more

What is Religious Exercise Under RLUIPA?

In last week’s, RLUIPA Round-Up we reported about the case Hale v. Federal Bureau of Prisons (D. CO 2015) in which the court found that the Church of the Creator – a white supremacist movement that advocates “total racial...more


Below are news items from the past week involving local government, religion, and land use that may be of interest to our readers. - The New York Times reports that the Ten Commandments monument on the Oklahoma Capitol...more

Life is Beautiful! Stevie Wonder Concert Not a Burden on Religious Exercise

A federal court in Nevada recently dismissed a church’s claim that a music festival in “Sin City” Las Vegas featuring the likes of Stevie Wonder, Duran Duran, and Twenty One Pilots burdened its religious exercise....more

Tear Down This Wall! Botched Demolition and Apartment Conditions Lead to RLUIPA Dispute

On September 24, Rock Church of Easton (Rock Church) filed an “Emergency Motion for a Temporary Restraining Order and /or Preliminary Injunction” against the City of Easton, Pennsylvania (the City or Easton) and its Bureau of...more


Below are news items from the past week involving local government, religion, and land use that have caught our attention. The United States District Court for the Eastern District of New York has issued a Memorandum and...more

Hope Rising Church Hoping for a Preliminary Injunction

In June 2014, Plaintiff Hope Rising Community Church sought to establish a place of worship in Penn Hills, Pennsylvania. According to its complaint, Pastor Harry Hoff met with Penn Hill’s planning and code enforcement...more

Religious Institutions: September 2015

Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more

Illinois Federal Court Dismisses Some, But Not All, RLUIPA Claims

A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is...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

Phoenix, Arizona Wins Religious Land Use Suit

A Phoenix federal court recently issued a decision that may be of interest to local governments for two reasons. First, the case, Salman v. City of Phoenix (D. AZ 2015), is notable for its finding that RLUIPA claims cannot...more


Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and two members from prosecution for possession of marijuana. The Church...more

The Newest Sign for Some Sign Ordinances: Stop

Sign ordinances and regulations are a fixture of city and county zoning and land use regulations, designed to prevent unattractive clutter from obstructing the public view. In creating these regulations, however, local...more

Supreme Court Decides Two First Amendment Cases

Two recent Supreme Court decisions provide timely guidance on the First Amendment implications of publicly displaying the Confederate Flag or other symbols or signage related to protected beliefs. First, in Walker v. Sons of...more

Arizona Town's Content-Based Sign Rules Struck Down by U.S. Supreme Court

Local agencies urged to review sign codes in favor of content-neutral rules - The United States Supreme Court recently struck down portions of an Arizona town’s sign code that subjected ideological, political and...more

RLUIPA Round Up – Independence Day Special Edition!

Independence Day—no better time to reflect on the numerous (enumerated and unenumerated) rights protected by our United States Constitution. Thanks to Obergefell v. Hodges, those rights are now more clearly focused. However,...more

RLUIPA Suit Looms After Controversial Connecticut Church Denial

The Danbury Zoning Board of Appeals denied a church’s application for variances to develop an 18-acre parcel with a house of worship and priest residence. Now, Danbury could join the list of Connecticut municipalities that...more

Guest Commentary: Life after Reed v Gilbert

Last week, we reported on the potential impact of Reed v. Gilbert, the sign regulation case that has municipalities across the nation concerned about the enforceability of local sign ordinances. This week, we’re happy to...more


Coral Springs, Florida may allow Satanist Chaz Stevens to begin a City Commission meeting with an invocation honoring Satan in September or October. However, Mayor Skip Campbell will first meet with commission members to...more

Government & Regulatory Law Update June 2015: United States Supreme Court Strikes Down Local Sign Ordinance: Content-Based...

Decades of case law demonstrates that differentiating based on content when regulating speech is an almost certain death knell. The line between content-based and content-neutral regulations, however, has often been hazy,...more

Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs.  In Reed v. Town of Gilbert,...more

83 Results
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.