News & Analysis as of May 19, 2025

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Supreme Court October Term 2024 – Education Cases to Watch

Franczek P.C. on 2/6/2025

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each...more

2.6 million reasons to keep the 303 Creative holding in perspective

Constangy, Brooks, Smith & Prophete, LLP on 8/16/2023

On July 16, Time (the publisher I once knew as Time Magazine) posted an article titled “The Implications of the Supreme Court’s 303 Creative Decision Are Already Being Felt.” The article says that in the first few days after...more

New Jersey Issues Guidance on Discrimination Law Following Supreme Court’s Decision on LGBTQ+ Rights

Saiber LLC on 8/10/2023

The New Jersey Division of Civil Rights (DCR) recently issued guidance on how the DCR will enforce the New Jersey Law Against Discrimination following the U.S. Supreme Court’s decision in 303 Creative LLC v. Elenis....more

SCOTUS Deals Blow to LGBTQ+ Rights, Public Accommodation Law

McGlinchey Stafford on 7/26/2023

In the 303 Creative LLC v. Elenis decision, the Supreme Court set back gains made by the LGBTQ+ community over the past decade. In a 6-3 decision, the nation’s highest Court answered a question about the balance of religious...more

What does the Supreme Court’s recent LGBTQ+ opinion mean for employers? Probably not much.

Constangy, Brooks, Smith & Prophete, LLP on 7/10/2023

In 303 Creative v. Elenis, the U.S. Supreme Court held that Colorado could not take legal action against a graphic designer who refused to create custom wedding websites for same-sex marriages because of her religious...more

Supreme Court Says Wedding Website Designer May Refuse Same-Sex Couples Under First Amendment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/3/2023

On June 30, 2023, the Supreme Court of the United States ruled a wedding website designer who has religious objections to same-sex marriage may legally refuse to design websites for same-sex couples because the First...more

Congress Passes Landmark Bill Protecting Same-Sex Marriage: Key Takeaways for Employers

Fisher Phillips on 12/9/2022

In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of...more

Supreme Court Hears Arguments on Whether Wedding Website Creator Can Refuse Same-Sex Couples

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/9/2022

On December 5, 2022, the Supreme Court of the United States heard oral arguments in a case on whether a wedding website creator may legally refuse to make websites for same-sex couples based on First Amendment grounds....more

Making the Roster: Conflicting Title IX Interpretations Present Challenges for Transgendered Athlete Participation

Goulston & Storrs PC on 6/25/2021

Nationwide, college athletic programs are facing a dilemma: can they roster transgendered athletes on teams that conform with their gender identity? The answer is: it depends on where the team is located....more

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

Proskauer - Law and the Workplace on 1/25/2019

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on 7/10/2018

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

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

U.S. Supreme Court Sides with Wedding Cake Baker in Gay Rights Case Based on Civil Rights Commission's Impermissible "Hostility"

FordHarrison on 6/8/2018

On June 4, 2018, the United States Supreme Court, in a 7-2 ruling, found in favor of Jack Phillips, owner of Masterpiece Cakes, who refused to make a wedding cake for a same-sex couple. He cited religious beliefs condemning...more

The Supreme Court’s Decision in Masterpiece Cakeshop Provides Little Guidance on Intersection of Religious and LGBT Rights

Seyfarth Shaw LLP on 6/7/2018

In a largely symbolic ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a gay couple based on his...more

Supreme Court Rules in Favor of Baker Who Refused to Create Wedding Cake for a Same-Sex Marriage, but Does Not Open the Door for...

Franczek P.C. on 6/6/2018

In a limited opinion issued, the Supreme Court ruled in favor of a Colorado baker who refused to create a wedding cake for a same-sex couple. However, the Court’s decision in the case, Masterpiece Cakeshop, Ltd. v. Colo....more

Cake, Art and Religious Freedom?

Harris Beach Murtha PLLC on 6/6/2018

In a prior MuniBlog posting we covered a case pending before the U.S. Supreme Court involving a Colorado baker and concerns about non-discrimination laws and religious objections. In Masterpiece Cakeshop vs. Colorado Civil...more

Supreme Court Update: Merchant Rights and the Masterpiece Cakeshop Case

Ward and Smith, P.A. on 6/6/2018

In 2015, the United States Supreme Court issued its landmark decision in Obergefell v. Hodges, ruling that the Fourteenth Amendment precludes states from prohibiting the marriage of same-sex couples. In the past three...more

Discriminating on the Basis of Religious Belief: Limited Lessons for Governments and Businesses from Masterpiece Cakeshop

Sands Anderson PC on 6/6/2018

The US Supreme Court decided yesterday what Court watchers thought might be a landmark case deciding whether the rights to free exercise of religion and free speech trumped the rights of gays and lesbians to have access to...more

SCOTUS Rules Baker Who Refused Wedding Cake To Same-Sex Couple Suffered Religious Discrimination

Robinson+Cole RLUIPA Defense on 6/6/2018

The Supreme Court issued its anticipated decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. ...more

Did The Supreme Court Kick The Cake Down The Road In Masterpiece Cakeshop, Ltd., Et Al. V. Colorado Civil Rights Commission?

Rumberger | Kirk on 6/6/2018

By a majority of 7–2, the Court ruled in favor of Colorado-based baker Jack Phillips, who in 2012 refused to sell to a same-sex couple a wedding cake intended for a celebration following the couple’s out-of-state marriage....more

The Supreme Court’s Ruling in Masterpiece Cakeshop: A Masterpiece on Dodging Key Constitutional Issues

Littler on 6/5/2018

On June 4, 2018, the Supreme Court issued its decision in Masterpiece Cakeshop, Ltd. and Jack C. Phillips v. Colorado Civil Rights Commission. In a 7-2 opinion authored by Justice Anthony Kennedy, the Court held that the...more

SCOTUS Rules Colorado Agency Violated Free Speech Rights in Wedding Cake Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/5/2018

On June 4, 2018, the Supreme Court of the United States settled a controversy stemming from a bakery’s refusal to make a cake for a same-sex couple’s wedding reception. Justice Kennedy, writing for the majority, ruled that...more

Supreme Court Rules in Favor of Christian Baker in Same-Sex Wedding Case Due to Colorado Commission’s Religious Hostility

Holland & Hart - Employers' Lawyers on 6/5/2018

The U.S. Supreme Court, in a 7-to-2 decision, overturned a Colorado public accommodation sexual orientation discrimination case that found that a Lakewood baker who refused to make a wedding cake for a gay couple violated the...more

Supreme Court: Colorado’s Civil Rights Commission Anti-Religious Bias Violated Cake Baker’s Rights

Jackson Lewis P.C. on 6/5/2018

The U.S. Supreme Court has issued a narrow ruling in favor of a baker who refused to make a wedding cake for a same-sex couple. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111 (June 4, 2018)....more

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First Amendment › Supreme Court of the United States › LGBTQ

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