Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more
Last Thursday, a United States District Court in Louisiana enjoined implementation of the amended Title IX regulations (2024 Final Rule), the first decision in one of several cases challenging the 2024 Final Rule. The new...more
The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more
Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more
The teacher had a religious objection. The Virginia Supreme Court yesterday found in favor of a West Point public school teacher whose employment was terminated because he would not address a transgender student by the...more
Enhanced Airport Screening Did Not Violate Free Exercise Clause In Haidari v. Mayorkas, No. 22-cv-2939 (ECT/ECW), 2023 WL 5487351 (D. Minn. Aug. 24, 2023), the court dismissed the plaintiff's claim that federal agents have...more
On an issue of unsettled constitutional law involving the First Amendment’s Free Exercise Clause, the Appellate Division, Fourth Department held that the New York State Division of Human Rights (SDHR) did not act arbitrarily...more
In Ratliff v. Wycliffe Assoc., Inc., No. 6:22-cv-1185-PGB-RMN, 2023 WL 3688082 (M.D. Fla. May 26, 2023), the plaintiff, a software developer, sued the defendant, a Bible translation ministry, for sex discrimination under...more
The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the...more
Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more
If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more
Attorneys Benton Toups, Ryan Bolick, Vince Eisinger and Georgia Malik will discuss a range of Employment Law topics, including to what extent an employer must accommodate an employee’s gender-related preferences; CBD Oil and...more
Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more
A district court has ruled that the City of Meriden, Connecticut (the City) discriminated against Omar Islamic Center Inc. following the City’s denial of the Islamic Center’s application to move its mosque to another...more
This week, the Court addresses the definition of “financial advisory services” under the Consumer Financial Protection Act and whether a plaintiff’s allegations of First Amendment violations plausibly stated a claim under...more
As the school year begins, a heightened focus has been placed on schools both nationally and at the local level. Schools are becoming the battlefield where some of the most high-profile cultural clashes occur, which means...more
Kennedy v. Bremerton School District, 597 U.S. __ (2022) (The United States Supreme Court concludes that a coach praying at mid-field following a high school football game was engaged in private religious expression...more
Employers Should Reevaluate Policies on Religious Expression at Work in Light of Kennedy v. Bremerton School District and Carson v. Makin - With the commencement of school, public youth programs and 2022-23 budget cycles,...more
Earlier this summer, the U.S. Supreme Court found that Maine’s tuition assistance program violated the Free Exercise Clause of the First Amendment. In order to fulfill the Maine Constitution’s guarantee that every child...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this double...more
Maine Scholarship Program Excluding Sectarian Schools Unconstitutional. In Carson v. Makin, 142 S.Ct. 1987 (2022), the U.S. Supreme Court struck a tuition assistance program that requires school districts to transmit payment...more
The Supreme Court ruled in Kennedy v. Bremerton School District on June 27, 2022 that a public high school violated the Constitution by restricting a football coach from engaging in “personal” but overt post-game, mid-field...more
In this special episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath discuss the momentous 2021 Supreme Court Term and look at notable upcoming cases in the October 2022...more
The Supreme Court addressed the intersection of the First Amendment’s Establishment and Free Speech clauses as they relate to a public employee’s personal religious expression when done in the public eye. In a 6-to-3...more
Historically, the ability of a governmental conduit issuer to issue bonds to facilitate a financing for a religious organization or a religiously affiliated school, university, senior housing facility or other nonprofit...more