Establishment Clause RLUIPA

News & Analysis as of

Religious Institutions: October 2015

Timely Topics - A non-compete clause, covenant not to compete or restrictive covenant is a contract provision under which one party agrees not to enter into or start a similar profession, trade or business in competition...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

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

Arkansas Senate Opens the Door; Baphomet Walks In

The Arkansas Senate, in passing Bill no. 939 (now Act 1231), authorized the placement of a Ten Commandments monument on the grounds of the Arkansas State Capitol to purportedly “help the people of the United States and of...more

Jesus is Just Alright, Holds the Ninth Circuit

The Ninth Circuit has affirmed a lower court’s decision ruling that a twelve foot statute of Jesus near Montana’s Big Mountain does not violate the First Amendment’s Establishment Clause. The statue, known as “Big Mountain...more

RLUIPA Round-up

Unfortunately it’s time to say goodbye to the last true week of summer. But RLUIPA Defense is happy to say hello to fall with another edition of the Round-Up! - According to the San Francisco Chronicle, despite an...more

Mother & Daughter’s Challenge to Ten Commandments Monument Dismissed for Lack of Standing

The U.S. District Court for the Western District of Pennsylvania dismissed an Establishment Clause challenge to a Ten Commandments monument located on the lawn outside a local high school, in Freedom From Religion Foundation...more

Religious Institutions Update: May 2015

Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more

Satanic Temple at it Again: Brookville Feels the Heat After County Commissioners Deny Temple Display and Display Commemorating the...

Spring flowers and the final week of argument in the Supreme Court’s 2015 term have all of us at RLUIPA Defense thinking spring. However, at least one controversy from the 2014 holiday season is back in bloom (reported on...more

Religious Institutions: June 2013

Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more

Religious Institutions Update: February 2013

Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more

Religious Institutions Update: January 2013

In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...more

Religious Institutions: October 2012 Update

Most secular and religious corporations have adopted electronic communication policies which state that employees have no privacy interest in their emails and Internet usage. Typically, the policies indicate that the...more

Religious Institutions: August 2012 Update

In the 1990s, plaintiffs brought clergy malpractice and professional negligence claims against ministers, churches and denominations. The claims required allegations that a clergy member failed to exercise the standard of...more

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