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
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
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
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
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 -
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 -
Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more
5/2/2016
/ Charitable Donations ,
Employee Retirement Income Security Act (ERISA) ,
Gender Discrimination ,
Marriage ,
Mootness ,
Non-Profit Hospitals ,
Nonprofits ,
Pensions ,
Permits ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Sex Offenders ,
Spouses ,
Transitional Care Management
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
"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more
6/3/2014
/ Affordable Care Act ,
Breach of Contract ,
Churches ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Exemptions ,
FICA Taxes ,
Form 5500 ,
IRS ,
Nonprofits ,
Pensions ,
Prayer ,
Public Meetings ,
Religious Institutions ,
RLUIPA ,
Title VII ,
Unemployment Benefits
The legitimacy of political speech from the pulpit is much debated. Some contend that religious institutions should be silent, because of separation of church and state or the inaccessibility of divine inspiration to...more
10/3/2013
/ Affordable Care Act ,
Articles of Incorporation ,
Catholic Church ,
Contraceptive Coverage Mandate ,
Defamation ,
Healthcare ,
Jurisdiction ,
Political Expression ,
Property Tax ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Sexual Abuse
Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more
6/6/2013
/ Affordable Care Act ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Discrimination ,
Due Process ,
Establishment Clause ,
Public Accommodation ,
Public Schools ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Settlement ,
Subject Matter Jurisdiction ,
Vaccinations
Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more
2/8/2013
/ Board of Education ,
Child Abuse ,
Closely Held Businesses ,
Contraceptive Coverage Mandate ,
Equal Protection ,
Establishment Clause ,
Federal Funding ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Human Trafficking ,
Local Ordinance ,
Mandatory Reporting Laws ,
Parental Consent ,
Rehabilitation Act ,
Religious Institutions ,
RLUIPA
In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. ยง2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...more
1/4/2013
/ Boy Scouts ,
Churches ,
Contraceptive Coverage Mandate ,
Discrimination ,
Divorce ,
Equal Protection ,
Establishment Clause ,
Exemptions ,
Permits ,
Religion ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Trademarks
Most secular and religious corporations have adopted electronic communication policies which state that employees have no privacy interest in their emails and Internet usage. Typically, the policies indicate that the...more
In the 1990s, plaintiffs brought clergy malpractice and professional negligence claims against ministers, churches and denominations. The claims required allegations that a clergy member failed to exercise the standard of...more