Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal...more
11/4/2024
/ Anti-Discrimination Policies ,
Churches ,
Constitutional Challenges ,
Free Exercise Clause ,
Free Speech ,
Gay Conversion Therapy ,
Health Care Providers ,
Hiring & Firing ,
Human Rights Act ,
Ministerial Exception ,
Nonprofits ,
Public Accommodation ,
Public Schools ,
Religion ,
Religious Freedom Restoration Act (RFRA) ,
Retaliation ,
Sexual Orientation ,
State Constitutions ,
Title IX ,
Title VII ,
TX Supreme Court
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
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
1/10/2024
/ Abortion ,
Anti-Discrimination Policies ,
Breach of Contract ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Due Process ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fraudulent Inducement ,
Free Exercise Clause ,
Human Rights Act ,
Ministerial Exception ,
Prescription Drugs ,
Public Schools ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
State Constitutions ,
State Funding ,
Subject Matter Jurisdiction ,
Transgender ,
Vaccinations
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
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
6/22/2023
/ Abortion ,
Administrative Procedure Act ,
Breach of Contract ,
Constitutional Challenges ,
Department of Defense (DOD) ,
Due Process ,
Equal Protection ,
First Amendment ,
Fraudulent Inducement ,
Free Exercise Clause ,
Free Speech ,
Health Insurance ,
Ministerial Exception ,
Ministerial Function ,
Professional Disciplinary Actions ,
Putative Class Actions ,
Religious Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RICO ,
Sex Discrimination ,
Trademarks
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
Religious Exemption to States' Mandatory Vaccination Statute Not Necessary In Does 1-6 v. Mills, No. 1:21-cv-00242, 2021 WL 4783626 (D. Me. Oct. 13, 2021), the court denied injunctive relief to plaintiff healthcare workers...more
2/4/2022
/ Administrative Procedure Act ,
Affiliates ,
Calculation of Damages ,
Churches ,
Coronavirus/COVID-19 ,
Employer Mandates ,
First Amendment ,
Free Exercise Clause ,
Military Service Members ,
Morals Clauses ,
Non-Immigrant Visas ,
Private Schools ,
R-1 Visas ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Remand ,
Reversal ,
Title VII ,
USCIS ,
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
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
This week, the EEOC approved employers requiring employees to receive COVID-19 vaccination, subject to limitations. How limiting are the limitations? Case law applying them is thin, but generally treats them as narrow. In...more
12/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Covered Employees ,
Due Process ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
GINA ,
Infectious Diseases ,
OSHA ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Religious Freedom Restoration Act (RFRA) ,
Title VII ,
Vaccinations ,
Workplace Safety
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
Several recent cases concern challenges to executive orders relating to COVID-19 limiting the ability of churches to assemble and imposing other limitations. Beginning with appellate decisions, these cases are summarized in...more
7/17/2020
/ Abortion ,
Appeals ,
Churches ,
Coronavirus/COVID-19 ,
Executive Orders ,
Fiduciary Duty ,
Free Exercise Clause ,
Governor Cooper ,
Governor Newsom ,
Governor Northam ,
Governor Pritzker ,
Governor Sisolak ,
Health Insurance ,
Injunctions ,
Operators of Essential Services ,
Public Health Emergency ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
SCOTUS ,
Shelter-In-Place ,
South Bay United Pentecostal Church v Newsom ,
Vicarious Liability
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
Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim -
In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more
9/4/2019
/ Americans with Disabilities Act (ADA) ,
Catholic Church ,
Construction Project ,
Department of Labor (DOL) ,
Equal Protection ,
Federal Contractors ,
Free Exercise Clause ,
Free Speech ,
Homeless Issues ,
Human Rights Act ,
Jurisdiction ,
Municipalities ,
Public Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Same-Sex Marriage ,
Teachers ,
Title VII
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
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
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
6/28/2017
/ Churches ,
Constitutional Challenges ,
First Amendment ,
Free Exercise Clause ,
Public Benefits ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
State and Local Government ,
State Funding ,
Trinity Lutheran Church of Columbia Inc. v Comer
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
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
10/27/2016
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Allocation of Funds ,
Article III ,
Burwell v Hobby Lobby ,
Civil Rights Act ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
Gay Conversion Therapy ,
Gender Identity ,
Health Insurance ,
Healthcare ,
LGBTQ ,
Mental Health ,
National Origin Discrimination ,
Non-Discrimination Rules ,
Nonprofits ,
OCR ,
Pregnancy Discrimination ,
Religious Expression ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
RLUIPA ,
Same-Sex Marriage ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Standing ,
Title VII ,
Transgender