Religious Use Law in South Florida
Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more
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
California readers most likely are aware of the fact that California's nonprofit corporate law is triadic. Thus, it possible to organize a nonprofit corporation as a public benefit corporation, a mutual benefit corporation...more
On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote the majority opinion....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
On October 11, 2023, Governor Newsom signed SB 4, the Affordable Housing on Faith Lands Act (also known as "Yes in God's Back Yard" (YIGBY)), which promises to be one of the momentous housing bills of 2023. Sponsored by...more
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...more
On August 14, 2023, the New Jersey Supreme Court issued an opinion in Crisitello v. St. Theresa School finding in favor of a catholic school that was sued for pregnancy and marital-status discrimination by a former teacher...more
Religious schools in New Jersey that make employment decisions based on the tenets of their faith just received a favorable ruling from the state’s highest court last week. The case involves an unmarried Catholic school...more
Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...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
Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more
It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule....more
On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees...more
Win in Court doesn’t Assure More Pennsylvania School Funding - “Pennsylvania is the latest state where the public school funding system was found to be unconstitutional, but the experience in other states suggests there’s...more
On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As...more
Welcome to our fourth edition of The Academic Advisor - our e-newsletter focused on education law insights. As schools settle into the pace of fall semester/terms, we understand that you may experiencing a variety of familiar...more
While the great majority of schools will not be requiring their students or staff to be vaccinated against COVID-19 this coming school year, that’s not necessarily true for schools in the Northeast and on the West Coast....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
The United States Supreme Court holding in Carson v. Makin could result in public assistance for religiously affiliated institutions of higher education. The Court ruled that Maine’s tuition assistance program is an...more
The Supreme Court term that ended today once again showed the power of the First Amendment to shape American life. The court invoked the First Amendment in cases regulating social media platforms, prayer at public schools,...more
The United States Supreme Court on Tuesday released its opinion in Carson v. Makin, holding that Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise...more
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641: This case concerns the interpretation of the Medicare Secondary Payer Act’s (MSPA) anti-discrimination provisions regarding individuals with...more
We recently provided our predictions for what education employers could expect to see in the area of workplace law over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition....more
In a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX. ...more