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
7/12/2024
/ Anti-Discrimination Policies ,
Censorship ,
Coronavirus/COVID-19 ,
Employment Litigation ,
Equal Protection ,
Establishment Clause ,
Failure to Accommodate ,
FEHA ,
Free Exercise Clause ,
Groff v DeJoy ,
Hiring & Firing ,
Local Ordinance ,
Minors ,
Native American Issues ,
Public Schools ,
Religious Accommodation ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Title VII ,
Transgender ,
Undue Hardship ,
Vaccinations ,
Zoning Laws
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
10/17/2023
/ Airports ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Division of Assets ,
Divorce ,
Establishment Clause ,
Executive Orders ,
Fourteenth Amendment ,
Free Exercise Clause ,
Governor Beshear ,
Marital Assets ,
Opt-Outs ,
Private Schools ,
Public Schools ,
Religious Discrimination ,
Religious Exemption ,
Religious Institutions ,
RLUIPA ,
Screening Procedures ,
Vaccinations ,
Zoning Laws
Donors State Claims for Misuse of Their Funds, But Not as a Class Action -
In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more
3/31/2023
/ Abortion ,
Administrative Procedure Act ,
Affordable Care Act ,
Charitable Donations ,
Charitable Organizations ,
Churches ,
Concealed Carry Permit ,
Concealed Weapons ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Disparate Treatment ,
EB-4 ,
Establishment Clause ,
Firearms ,
First Amendment ,
Gay Conversion Therapy ,
Gender Identity ,
Healthcare Facilities ,
Ministerial Exception ,
Misuse or Misdirection of Funds ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Second Amendment ,
Sex Discrimination ,
Title IX ,
Title VII ,
USCIS ,
Visas
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
1/10/2023
/ Churches ,
Constitutional Challenges ,
Due Process ,
Employment Discrimination ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
Gay Conversion Therapy ,
Ministerial Exception ,
Public Accommodation ,
Religious Institutions ,
RLUIPA ,
Title VII ,
Transgender ,
Vaccinations
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
7/21/2022
/ CARES Act ,
Churches ,
Establishment Clause ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Government Speech Doctrine ,
Jurisdiction ,
Military Service Members ,
Ministerial Decisions ,
Prayer ,
Private Schools ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Sex Discrimination ,
Standing ,
Summary Judgment ,
The Lemon Test ,
Tuition ,
Vaccinations
Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more
10/6/2021
/ Affordable Care Act ,
Attorney's Fees ,
Chevron Deference ,
Churches ,
Coronavirus/COVID-19 ,
Employment Contract ,
Employment Litigation ,
Equal Protection ,
Establishment Clause ,
Free Exercise Clause ,
Free Speech ,
Hostile Environment ,
Indemnification ,
Ministerial Exception ,
Morals Clauses ,
Public Accommodation ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Constitutions ,
Subject Matter Jurisdiction ,
Title IX ,
Title VII ,
Tortious Interference ,
Transgender ,
Tuition ,
Visas
Ministerial Exception Doctrine Bars Minister-on-Minister Hostile Work Environment Claim In Demkovich v. St. Andrew the Apostle Parish, Calumet City, No. 19-2142, 2021 WL 2880232 (7th Cir. July 9, 2021), the U.S. Court of...more
7/23/2021
/ Churches ,
Conditional Use Permit ,
Coronavirus/COVID-19 ,
Criminal Penalties ,
Defamation ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
Hostile Environment ,
Local Health Departments (LHDs) ,
Ministerial Exception ,
Private Schools ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
State Constitutions ,
WI Supreme Court
Blanket Limitation on Private Home Gatherings to 3 Households Overturned In Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California's imposition of a blanket limitation...more
6/10/2021
/ CA Supreme Court ,
Coronavirus/COVID-19 ,
Defamation ,
Discipline ,
Employment Discrimination ,
Establishment Clause ,
Governor Newsom ,
Intentional Infliction of Emotional Distress ,
Municipalities ,
Partial Summary Judgments ,
Petition for Writ of Certiorari ,
Religious Accommodation ,
Religious Discrimination ,
Religious Institutions ,
Remand ,
Reproductive Discrimination ,
RLUIPA ,
Safe Harbors ,
Social Distancing ,
Title VII ,
Tuition ,
Undue Hardship ,
UT Supreme Court ,
Writ of Mandamus ,
Zoning Laws
Attendance Limitations on Houses of Worship Enjoined In Agudath Israel of America v. Cuomo, 983 F. 3d 620 (2d Cir. 2020), the court of appeals reversed two district courts and ruled that an executive order that limited...more
3/24/2021
/ Ad Valorem Tax ,
Churches ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Establishment Clause ,
Executive Orders ,
Free Exercise Clause ,
Free Speech ,
Hospitals ,
Injunctive Relief ,
Ministerial Exception ,
Property Tax ,
Public Funds ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
School Closures ,
Sex Discrimination ,
Title VII ,
Tuition ,
Vaccinations
In Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the U.S. Supreme Court enjoined enforcement of the 10- and 25-person occupancy limits on churches in New York...more
12/23/2020
/ Article III ,
Churches ,
Coronavirus/COVID-19 ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Orders ,
Free Exercise Clause ,
Freedom of Religion ,
Governor Cuomo ,
Preliminary Injunctions ,
Private Schools ,
Public Funds ,
Public Health Emergency ,
Public Schools ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standing ,
Title VII
In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order capping in-person services at 50 people regardless of facility size while...more
10/15/2020
/ Abuse of Discretion ,
Adoption ,
Americans with Disabilities Act (ADA) ,
Child Care ,
Churches ,
Coronavirus/COVID-19 ,
Establishment Clause ,
Executive Orders ,
Free Exercise Clause ,
Free Speech ,
Governor Cuomo ,
Governor Newsom ,
Hostile Environment ,
Ministerial Exception ,
Religious Institutions ,
Remand ,
Social Distancing ,
Title VII
In Espinoza v. Montana Department of Revenue, No. 18-1195, 2020 WL 3518364 (June 30, 2020), the U.S. Supreme Court ruled that Montana could not exclude religious schools from a tax credit scholarship program on the grounds...more
7/6/2020
/ Compelling Governmental Interest ,
Constitutional Challenges ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Free Exercise Clause ,
No Aid Clause ,
Private Schools ,
Religious Discrimination ,
Religious Schools ,
Remand ,
Reversal ,
Scholarships ,
SCOTUS ,
State Aid ,
State Constitutions ,
Strict Scrutiny Standard ,
Tuition
Key Cases -
School States Claim Against State Superintendent for Unconstitutional Discrimination
In Bethel Ministries, Inc. v. Salmon, No. SAG-19-01853, 2019 WL 6034988 (D. Md. Nov. 14, 2019), the court denied Maryland...more
12/16/2019
/ Administrative Procedure Act ,
Adoption ,
Affordable Care Act ,
American Civil Liberties Union (ACLU) ,
Breach of Contract ,
Catholic Church ,
Contraceptive Coverage Mandate ,
Dismissal With Prejudice ,
Dismissals ,
Due Process ,
Establishment Clause ,
Failure To State A Claim ,
Free Exercise Clause ,
Hostile Environment ,
Pregnancy Discrimination ,
Preliminary Injunctions ,
Private Schools ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Same-Sex Marriage ,
Sex Discrimination ,
Title IX
Key Cases -
Covert Surveillance Due to Religious Identity is Actionable -
Government surveillance of individuals due to their religious identity is actionable under federal law. In Fazaga v. Federal Bureau of...more
6/19/2019
/ Churches ,
Due Process ,
Emotional Distress Damages ,
Establishment Clause ,
FBI ,
Fourth Amendment ,
Free Exercise Clause ,
IRS ,
Local Ordinance ,
Muslims ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Standing ,
Subject Matter Jurisdiction ,
Tax Exempt Entities ,
Wage and Hour
Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more
1/4/2019
/ Americans with Disabilities Act (ADA) ,
Churches ,
Constitutional Challenges ,
Contraceptives ,
Employee Handbooks ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Federal Funding ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Hiring & Firing ,
Hostile Environment ,
Interim Final Rules (IFR) ,
Muslims ,
Preliminary Injunctions ,
Private Schools ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
School Districts ,
School Policies ,
Standing ,
Summary Judgment ,
Teachers ,
Title VII ,
Universities
Key Cases -
Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review -
In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more
9/26/2018
/ Appeals ,
Breach of Contract ,
Churches ,
Confessions ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Dismissals ,
Employment Contract ,
Employment Discrimination ,
Establishment Clause ,
Fair Employment Practices Act ,
Federal Agency Taskforce ,
First Amendment ,
Foreign Nationals ,
Freedom of Religion ,
Health and Safety ,
Immigration and Nationality Act ,
Immunization Exemptions ,
Merger Agreements ,
Mergers ,
Motion to Dismiss ,
Muslims ,
National Security ,
Personal Belief Exemption ,
Police ,
Prayer ,
Priests ,
Protective Orders ,
Public Accommodation ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
School Districts ,
Sexual Abuse ,
Students ,
Subject Matter Jurisdiction ,
Subpoenas ,
Summary Judgment ,
Title VII ,
Trump Administration ,
Trump v Hawaii ,
US Department of State ,
Zoning Laws
Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more
6/8/2018
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Appeals ,
Churches ,
Colleges ,
Defamation ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Duty ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Hiring & Firing ,
Historic Preservation ,
Hospitals ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Minimum Wage ,
New Rules ,
Preliminary Injunctions ,
Priests ,
Private Sector ,
Property Owners ,
Public Accommodation ,
Public Funds ,
Race Discrimination ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Restaurant Industry ,
Retaliation ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Sexual Stereotyping ,
Summary Judgment ,
Teachers ,
Title VII ,
Transgender ,
Trump Administration ,
Trustees ,
Trusts ,
Universities ,
Unpaid Wages ,
Wage and Hour ,
Writ of Prohibition
Timely Topics -
By Shannon B. Hartsfield -
The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more
1/29/2018
/ Abortion ,
Affordable Care Act ,
Appeals ,
Assisted Suicide ,
BOLI ,
Breach of Contract ,
Catholic Church ,
Charter Schools ,
Church Plans ,
Churches ,
Contraceptive Coverage Mandate ,
Defamation ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Orders ,
Federal Funding ,
Federal Housing Administration (FHA) ,
Fees ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Hospitals ,
Injunctive Relief ,
Interim Final Rules (IFR) ,
Internet ,
Medicaid ,
New Guidance ,
Nonprofits ,
OCR ,
Preliminary Injunctions ,
Priests ,
Proposed Rules ,
Public Accommodation ,
Public Health Service Act ,
Race Discrimination ,
Religious Discrimination ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retirement Plan ,
RLUIPA ,
Same-Sex Marriage ,
Sexual Conduct ,
Sexual Orientation Discrimination ,
Summary Judgment ,
Trump v Hawaii ,
USCIS ,
Vetting
Timely Topics -
Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more
11/30/2017
/ Churches ,
College Admissions ,
Colleges ,
Contraceptive Coverage Mandate ,
Cybersecurity ,
Data Breach ,
Employee Housing ,
Equal Protection ,
Establishment Clause ,
Executive Orders ,
FEMA ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Gender Discrimination ,
Hackers ,
Historical Rehabilitation ,
Information Technology ,
Motion for Summary Judgment ,
Public Accommodation ,
Public Funds ,
Ransomware ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Same-Sex Marriage ,
Standing ,
Title VII ,
Trademarks ,
Trump Administration ,
Trump v International Refugee Assistance Project ,
Vaccinations ,
Videographers
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
6/1/2017
/ Abstention ,
Censures ,
Churches ,
Day Care ,
Establishment Clause ,
Executive Orders ,
Expulsion ,
Fair Housing Act (FHA) ,
Federal Funding ,
Foreign Nationals ,
Free Exercise Clause ,
Free Speech ,
Immigration Reform ,
Judges ,
LGBTQ ,
Nonprofits ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Zoning Laws
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
2/9/2017
/ Appeals ,
Assisted Suicide ,
Charitable Donations ,
Church Plans ,
Constitutional Challenges ,
Contraceptive Coverage Mandate ,
Disparate Impact ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Branch ,
First Amendment ,
Free Exercise Clause ,
Freedom of Religion ,
ISIS ,
Ministerial Function ,
Pensions ,
Religious Discrimination ,
Religious Displays ,
Religious Expression ,
Religious Institutions ,
Religious Schools ,
Retirement Plan ,
RLUIPA ,
Same-Sex Marriage ,
Tax Exempt Entities ,
Taxable Income ,
Terrorist Threats ,
Title VII ,
Trump Administration ,
Zoning Laws
When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more
8/19/2016
/ Abortion ,
Breach of Contract ,
Church Plans ,
Churches ,
Commercial Insurance Policies ,
D&O Insurance ,
Declaratory Judgments ,
Educational Institutions ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Employment Contract ,
Equal Protection ,
Establishment Clause ,
Exemptions ,
FDUTPA ,
Fiduciary Duty ,
First Amendment ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Grants ,
Health Insurance ,
Healthcare ,
Insurance Industry ,
IRS ,
LGBTQ ,
Prayer ,
Professional Liability Insurance ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
Scholarships ,
Standing ,
Subject Matter Jurisdiction ,
Tax Credits ,
Title VII ,
Transgender ,
Universities ,
Wage and Hour
Timely Topics -
A non-compete clause, covenant not to compete or restrictive covenant is a contract provision under which one party agrees not to enter into or start a similar profession, trade or business in competition...more
10/16/2015
/ American Civil Liberties Union (ACLU) ,
Consent Decrees ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Establishment Clause ,
Fairness Standard ,
Foster Children ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Gay Conversion Therapy ,
Hostile Environment ,
LGBTQ ,
Mental Health ,
Non-Compete Agreements ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
Restrictive Covenants ,
RLUIPA ,
Sexual Harassment ,
Sexual Orientation ,
Tenth Amendment
Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more
9/16/2015
/ Abortion ,
Affordable Care Act ,
Churches ,
Contraceptive Coverage Mandate ,
Establishment Clause ,
FBI ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Gross Misconduct ,
Health Insurance ,
Healthcare ,
Kim Davis ,
LGBTQ ,
Marriage Licenses ,
Obergefell v. Hodges ,
Public Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination
Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more
5/21/2015
/ Affordable Care Act ,
Appeals ,
CFOs ,
Contraceptive Coverage Mandate ,
Defamation ,
Establishment Clause ,
False Statements ,
First Amendment ,
Gender Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Scholarships ,
Sex Discrimination ,
Sexual Harassment ,
Tax Credits ,
Title VII