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
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
7/27/2023
/ 303 Creative LLC v Elenis ,
ADEA ,
Age Discrimination ,
Bylaws ,
Churches ,
Class Action ,
Concealed Carry Permit ,
Concealed Weapons ,
Coronavirus/COVID-19 ,
EB-4 ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Gender Identity ,
Ministerial Exception ,
Public Accommodation ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
Second Amendment ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Subject Matter Jurisdiction ,
Title VII ,
Vaccinations
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
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
The U.S. Supreme Court ruled 7-2 in Our Lady of Guadalupe School v. Morrissey-Berru, Nos. 19-267 and 19-348 (July 8, 2020), that the First Amendment ministerial exception doctrine bars courts from entertaining an age or...more
7/13/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
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
Overruling a prior decision, the National Labor Relations Board (NLRB) has determined that it cannot exercise jurisdiction over the faculty of Bethany College, a college associated with the Evangelical Lutheran Church of...more
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
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
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
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
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
The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more
8/7/2015
/ Abortion ,
Adoption ,
Affordable Care Act ,
Anti-Discrimination Policies ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Contraceptives ,
DOMA ,
Domestic Partner Benefits ,
Domestic Partnership ,
Educational Institutions ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
First Amendment ,
Food and Drug Administration (FDA) ,
Fourteenth Amendment ,
Marriage ,
Marriage Equality ,
Negligent Supervision ,
Obergefell v. Hodges ,
Pharmacies ,
Private Schools ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Same-Sex Marriage ,
Scholarships ,
SCOTUS ,
Sexual Assault ,
Spouses ,
Tax Exemptions ,
U.S. Navy
Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more
6/18/2015
/ Abercrombie & Fitch ,
Affordable Care Act ,
Catholic Diocese ,
Contraceptive Coverage Mandate ,
Contraceptives ,
Disparate Impact ,
Disparate Treatment ,
EBSA ,
Educational Institutions ,
EEOC v Abercrombie ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
False Claims Act (FCA) ,
Grants ,
Healthcare ,
Hiring & Firing ,
Housing Discrimination ,
Medicaid ,
Medicare ,
Qui Tam ,
Reasonable Accommodation ,
Religion ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
Sexual Abuse ,
Sexual Assault ,
Title VII
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
Diminished donations have led many faith-based organizations to become more creative about increasing revenue. Sometimes these organizations look beyond ordinary ministry functions to supplement income with unrelated...more