News & Analysis as of

Religious Schools

Only “Open Access” students attending Catholic separate secondary schools in Ontario may opt-out of religion classes: confusion...

by Dentons on

The recent media attention over the Ontario Human Rights Commission settlement involving a student who alleged discrimination when she sought an exemption from religion classes has caused confusion as to whether all...more

U.S. Supreme Court Forbids Exclusion of Churches from State Grant Program

by Hogan Lovells on

On June 26, 2017, in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court held unconstitutional under the Free Exercise Clause Missouri’s refusal to award a playground resurfacing grant to a church. The...more

Supreme Court: Public Benefit Programs Cannot Exclude Churches Solely Because They Are Religious

by Holland & Knight LLP on

In Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577 (June 26, 2017), the U.S. Supreme Court ruled 7-2 that excluding a church from a public benefit program for which it is otherwise qualified violates the Free...more

Tax-Exempt Financing of Churches, Parochial Schools and Other Sectarian Institutions After Trinity Lutheran Church: Permitted? ...

The U.S. Supreme Court’s June 26 opinion in Trinity Lutheran Church of Columbia, Inc. v. Comer, precluding states from discriminating against churches in at least some state financing programs, raises anew the question of...more

New Substantial Burden Framework in the Sixth Circuit; Court Upholds RLUIPA Verdict in Favor of Michigan Township

In an important decision for municipalities across the Country, the Sixth Circuit upheld a district court decision that found Genoa Charter Township (Township) did not violate federal law in denying a church’s application for...more

Supreme Court clarifies definition of ‘church plan’ under ERISA

by Thompson Coburn LLP on

The Supreme Court on June 5, 2017, unanimously held that a benefits plan administered by an entity that is associated with a church and has as its principal purpose the administration or funding of that plan is a “church...more

Church-Affiliated Employers Get Win As SCOTUS Clarifies ERISA Exemption

by Fisher Phillips on

In a unanimous 8-0 decision published today, the U.S. Supreme Court (SCOTUS) ruled that employee benefit plans sponsored by church-affiliated organizations will qualify for the “church plan” exemption under the Employee...more

Religious Institutions Update: June 2017

by Holland & Knight LLP on

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Saskatchewan will use notwithstanding clause to protect school choice for parents and students - Decision being appealed

by Dentons on

Both defendants have appealed the ruling of the Saskatchewan Court of Queen’s Bench, which held that government funding of non-Catholics in Catholic schools is unconstitutional. The trial judge ruled that the Saskatchewan...more

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three...more

Govt Funding of non Catholics in Catholic schools held Unconstitutional

by Dentons on

This recent decision of the Saskatchewan Court of Queen’s Bench, Good Spirit School Division No. 204 v. Christ the Teacher Roman Catholic Separate School Division No. 212 interprets the age-old constitutional guarantees for...more

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

by FordHarrison on

In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

by Franczek Radelet P.C. on

In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more

Transforming Education – The DeVos Factor

by Fisher Phillips on

Now that debates have faded over the definition of student performance and whether guns in schools are necessary to protect against grizzly bears, everyone is settling into the reality that Betsy DeVos now leads our nation’s...more

Jewish School’s RLUIPA Claims Are Ripe For Adjudication

A federal court in the District of New Jersey has determined that claims asserted by the Congregation Kollel, Inc. (“Congregation”) against the Township of Howell, New Jersey (“Township”), based on the allegedly improper...more

Religious Institutions Update: February 2017

by Holland & Knight LLP on

Timely Topics - A draft executive order of President Donald Trump relating to religious freedom proposes several material changes to federal law. First, it would require the executive branches to recognize a broad scope...more

Nashville Islamic Center’s Religious Discrimination Claims Dismissed

A federal district court in Tennessee recently dismissed for lack of subject matter jurisdiction a claim by the Islamic Center of Nashville (ICN) lawsuit challenging a Tennessee property tax exemption law on religious freedom...more

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more

$1.7 Million Settlement with DOJ and CAIR-MI

In 2011, Pittsfield Charter Township denied, allegedly without deliberation, Michigan Islamic Academy’s (“MIA”) application to rezone a 26 acre parcel (the “Property”) to allow the development of a pre-K through grade 12...more

Religious Institutions Update: October 2016

by Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

by Littler on

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Nashville Islamic Center Claims Tax Rules Impose Unfair Burden

The Islamic Center of Nashville (ICN) recently filed a federal complaint and request for declaratory judgment against the State of Tennessee, the Metropolitan Trustee of Nashville, and the Tennessee State Board of...more

NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between "Religious" and "Secular" Instruction in Faculty...

by Littler on

In two recent cases, the National Labor Relations Board distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious...more

Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

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