Yesterday, the Supreme Court issued its highly anticipated decision in Trump v. Hawaii, 585 U.S. ___ (2018) regarding Presidential Proclamation No. 9645, otherwise known as the “Travel Ban.” ...more
6/27/2018
/ Appeals ,
Establishment Clause ,
Foreign Nationals ,
Immigration and Nationality Act ,
Immigration Reform ,
Likelihood of Success ,
Muslims ,
National Origin Discrimination ,
Presidential Decrees ,
Reversal ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii
The United States Court of Appeals for the Eleventh Circuit recently affirmed the lower court’s decision dismissing an Establishment Clause challenge over the approval of a religious center. ...more
The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City...more
The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more
5/31/2017
/ Due Process ,
EEO-1 ,
Establishment Clause ,
Executive Orders ,
First Amendment ,
Foreign Nationals ,
Immigration Procedures ,
National Security ,
Refugees ,
Religious Discrimination ,
Travel Ban ,
Trump Administration
The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more
4/21/2017
/ Churches ,
Establishment Clause ,
Judicial Appointments ,
Land-Use Permits ,
Local Ordinance ,
Municipalities ,
Neil Gorsuch ,
Presidential Nominations ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Wastewater ,
Zoning Laws
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more
2/21/2017
/ Appeals ,
Burwell v Hobby Lobby ,
Department of Justice (DOJ) ,
Discrimination ,
Due Process ,
Equal Protection ,
Establishment Clause ,
Executive Orders ,
First Amendment ,
Foreign Nationals ,
Free Exercise Clause ,
Government Investigations ,
Immigrants ,
Immigration Procedures ,
Political Campaigns ,
Refugees ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Restraining Orders ,
RLUIPA ,
Travel Ban ,
Trump Administration
Recently, the Third Circuit Court of Appeals entered an order upholding the district court’s decision in the case of Tearpock-Martini v. Shickshinny Borough, which we reported on last summer. The case involved an...more
Earlier this month, the Tenth Circuit Court of Appeals ruled that Bloomfield, New Mexico’s installation of a Ten Commandments monument on the lawn in front of city hall violated the Establishment Clause of the First...more
Late last month, a federal district court in Pennsylvania ruled that directional signs to a church, which contained images of a cross and bible, did not violate the Establishment Clause of the First Amendment.
The...more
It wouldn’t be the holidays without controversial nativity scenes igniting lawsuits across the country. Generally, these lawsuits are brought under the Establishment Clause, alleging that the government illegally endorses...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
10/5/2015
/ Catholic Church ,
Catholic Diocese ,
Churches ,
Decriminalization of Marijuana ,
Establishment Clause ,
Freedom From Religion Foundation ,
Marijuana ,
Motion To Reconsider ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Summary Judgment
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
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
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
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
The Associated Press reports that an Oklahoma state court, in Prescott v. Capitol Preservation Commission, (OK Cnty Dist. Ct., Sept. 19, 2014), has ruled that a six-foot tall Ten Commandments monument on the grounds of the...more
In Felix v. City of Bloomfield (D. NM Aug. 7, 2014), the U.S. District Court for the District of New Mexico found that the display of a five-foot, granite Ten Commandments monument outside City Hall violated the Establishment...more