News & Analysis as of

Freedom of Religion

Federal Appeals Court Rejects Trump’s Second Travel Ban - Decision Sets Up Inevitable Date At Supreme Court

by Fisher Phillips on

In a 10-3 decision, the 4th Circuit Court of Appeals yesterday upheld the nationwide injunction that had blocked President Trump’s second executive order banning certain travel into the country from taking effect. The Court...more

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected...

by Fisher Phillips on

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the...more

The Curious Evolution of the Executive Order

by Butler Snow LLP on

On January 27, 2017, barely a week into office, President Donald J. Trump issued Executive Order 13769 for the stated purpose of “Protecting the Nation from Foreign Terrorist Entry into the United States.” Both vigorously...more

UPDATE: Trump's Immigration Executive Order, Refused by Ninth Circuit Court of Appeals

by Roetzel & Andress on

Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days....more

“Onionhead” is a Religion Under Title VII: Court Finds in Favor of Employees in Reverse Religious Bias Case

A federal district court recently ruled that an employer-initiated program known as Onionhead was a religion for the purposes of Title VII of the Civil Rights Act of 1964. In Equal Employment Opportunity Commission v. United...more

Men without hardhats: where freedom of religion loses out to workplace safety

by Dentons on

Freedom of religion and the duty to accommodate within the workplace context is a highly important issue in Québec given the discrimination provisions of the Canadian Charter of Rights and Freedoms as well as the Québec...more

Dress Policy and Religious Discrimination

by Faegre Baker Daniels on

In Achbita v G4S Secure Solutions NV (Case C-157/15) and Bougnaoui v Micropole SA (Case C-188-15), two Advocate Generals (AG) of the European Court of Justice provided conflicting opinions when considering whether bans on...more

Scott Brown's Trump-Dream Erupts from a Spring of Intrinsic Ambition

by PretiFlaherty on

This past Sunday night, June 12, before all of the dead had been identified on the premises of Pulse, the gay nightclub in Orlando, Donald Trump sent out a Tweet that said: “Appreciate the congrats for being right on...more

Oxford, Alabama, City Council Adopts Ordinance Restricting Access to Bathroom Facilities Based on Biological Sex

by Jackson Lewis P.C. on

The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing...more

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

Colorado Rules Baker Cannot Refuse Service to Same-Sex Couples for Religious Reasons

by Burr & Forman on

In a post last week, I discussed how some believe Tennessee’s version of the Religious Freedom Restoration Act (“RFRA”) could allow Tennessee businesses to refuse service to same-sex couples despite a recent ruling that...more

Amicus Brief Filed at Massachusetts Supreme Judicial Court by Attorney Yale Yechiel N. Robinson

Attorney Yale Yechiel N. Robinson filed an amicus brief with the Massachusetts Supreme Judicial Court (“SJC”) on July 22, 2015. The case, Trapp v. Commissioner of Corrections (docket number SJC-11863), concerns prisoner...more

Yule Time Tips, Part II: Knowing the Difference Between Religious Assumptions and Religious Accommodations

Picture this scenario. You are a busy manager of a retail organization. You assume that a sales employee is deeply religious because she wears religious symbols around her neck, talks about her pastor and church services...more

Islamic Center and City of Norwalk, Connecticut Reach Proposed Settlement in RLUIPA Suit

by Robinson & Cole LLP on

Al Madany Islamic Center and the Norwalk Zoning Commission have agreed to the terms of a proposed settlement stemming from the Commission’s 2012 denial of the Islamic Center’s proposal to construct a 27,000 square-foot mosque...more

DOJ Sues Minnesota City Over Denial of Islamic Somali Immigrants’ Mosque Proposal

by Robinson & Cole LLP on

The U.S. Department of Justice (DOJ) has sued the City of St. Anthony Village under the Religious Land Use and Institutionalized Persons Act (RLUIPA) after the City Council, in 2012, denied the Abu Huraira Islamic Center’s...more

Lake County, Illinois “Hat Trick”* Defeats Religious Meditation House in Federal Suit

by Robinson & Cole LLP on

In MAUM Meditation House of Truth v. Lake County, Illinois, No. 13-cv-3794 (N.D. Ill. 2014), the United States District Court for the Northern District of Illinois ruled that Lake County, Illinois did not violate MAUM...more

Washington State Supreme Court's Decision on Religious Accommodation: What It Means for Employers

by Stoel Rives LLP on

Employers in Washington should take note of last week’s decision from the Washington State Supreme Court holding that state law allows a claim for failure to reasonably accommodate an employee’s religious practices. That...more

Employee Fired For Getting Divorce Cannot Raise Claim Against Former Religious Employer

by Varnum LLP on

As I noted in my last blog post, the First Amendment does much more than give a person the right to the freedom of speech. For example, the First Amendment contains the Religion Clauses, one of which allows religious...more

Affordable Care Act Update April 7, 2014: High Courts Vet Key Provisions Of The Affordable Care Act Government Extends Enrollment...

March 2014 has produced quite a bit of activity regarding the Patient Protection and Affordable Care Act ("ACA"). On March 24, 2014, oral argument was held in the latest challenges to the ACA in Sebelius v. Hobby Lobby...more

Federal Court Says New York City Schools Can Prohibit “Religious Worship” In School Facilities

by Franczek Radelet P.C. on

As reported in the New York Times, the Second Circuit Court of Appeals recently held that a school district could prohibit outside community groups from using school facilities for “religious services” without violating the...more

Religious Institutions Update - April 2014

by Holland & Knight LLP on

Does a closely held for-profit corporation have a constitutionally or statutorily protected right to exercise religion under the Free Exercise Clause or the Religious Freedom Restoration Act of 1993 (RFRA)? The U.S. Supreme...more

Religious Freedom, Contraceptive Services, and The ACA: The Dilemma of the Self-Certification Provision

On February 21, 2014, the Seventh Circuit Court of Appeals, in a 2-to-1 decision, denied a preliminary injunction enjoining the federal government from enforcing the self-certification provisions of the Affordable Care Act...more

44 Law Professors Make A Case Against Corporate Social Responsibility

by Allen Matkins on

I was completely nonplussed when I saw this brief filed by 44 law professors in the appeal now pending before the U.S. Supreme Court in Sebelius v. Hobby Lobby Stores, Inc., Case No. 13-354. I was shocked because the brief...more

Hobby Lobby And Other Constituency Statutes

by Allen Matkins on

Is the corporate form incompatible with religious beliefs? California Attorney General Kamala Harris thinks so. In this amicus brief filed in Sebelius v. Hobby Lobby Stores, Inc., U.S. Supreme Court Docket No. 13-354, she...more

York University, Religious Accommodation, and the Absence of Bright Lines

by Bennett Jones LLP on

York University caused much controversy earlier this month by agreeing that a male student was not required to meet with female class members in connection with a group project. While the male student’s reason for the request...more

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