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Free Exercise Clause

Morrison & Foerster LLP - Federal Circuitry

Class Actions and Injunctive Relief Post-CASA: Little Sign Yet of a “Rigorous” Analysis by the Supreme Court

In its recent order in Mirabelli v. Bonta, the Supreme Court effectively enjoined the enforcement of various California laws and policies that would have, in certain circumstances, prevented school staff from disclosing a...more

Clark Hill PLC

U.S. Supreme Court Blocks California Transgender Student Nondisclosure Policy as Case Continues

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On March 2, 2026, the United States Supreme Court blocked a California law that prohibited public school officials from informing parents of their students’ gender identity at school without the student’s consent. The policy...more

Bond Schoeneck & King PLLC

Supreme Court Lifts Stay and Signals Likely Constitutional Violation in School Gender-Disclosure Policy

On March 2, 2026, the United States Supreme Court issued a per curiam decision (an unsigned collective decision not attributed to a particular justice) in the Mirabelli v. Bonta case. In the case, which originated in the...more

Franczek P.C.

U.S. Supreme Court Weighs in on California’s Transgender Student Policy

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The United States Supreme Court issued a decision yesterday, in Mirabelli v. Bonta, that expands parental rights regarding gender identity transition by their child....more

Rumberger | Kirk

Supreme Court Provides Further Guidance on Free Exercise Claims in Public Schools

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In June 2025, the United States Supreme Court issued its decision in Mahmoud v. Taylor, 145 S. Ct. 2332 (2025), holding that a Maryland school district’s decision to introduce storybooks with certain topics into its...more

Parker Poe Adams & Bernstein LLP

U.S. Department of Education Recasts School Prayer Guidance: What the 2026 Update Means for Public Schools

On February 5, 2026, the U.S. Department of Education issued new "Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools," replacing its 2023 guidance. ...more

Miller Nash LLP

Ninth Circuit Again Affirms Employer’s Religious Freedom Rights

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Last month, the Ninth Circuit Court of Appeals furthered a trend of ruling favorably for religious organization employers in Union Gospel Mission of Yakima v. Brown. In a case specific to Washington, the Ninth Circuit...more

Maynard Nexsen

Employee’s Religious Accommodations Request Clashes with Employer’s Gender Identity Policy

Maynard Nexsen on

A former substitute teacher in a Maryland school district has appealed a lower court’s decision to dismiss her First Amendment free exercise and free speech claims and its denial of her motion for preliminary injunction to...more

Holland & Knight LLP

Religious Institutions Update: October 2025

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In Catholic Charities Bureau, Inc. v. Wis. Labor & Indus. Rev. Comm'n, 145 S.Ct. 1583 (2025), the Wisconsin Labor and Industry Review Commission determined that Catholic Charities Bureau, Inc. and other charitable entities...more

Tucker Arensberg, P.C.

Parochial Student Participation in School Districts’ Interscholastic Athletics

Tucker Arensberg, P.C. on

Several parents of parochial school students who resided within the State College Area School District (School District) requested that their children be permitted to engage in extracurricular and co-cocurricular activities...more

Clark Hill PLC

What is the “Ministerial Exception,” and what do Washington religious institutions and universities need to know after the World...

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Washington religious institutions and universities need to understand how the “ministerial exception” applies to their employment decisions following the August 2025 World Vision decision. ...more

Tucker Arensberg, P.C.

Supreme Court Holds That School Districts Must Offer Religious Exemptions to Instruction

Tucker Arensberg, P.C. on

Mahmoud v. Taylor, 145 S. Ct. 2332 (2025). The Supreme Court of the United States holds that a school district’s introduction of LGBTQ+-inclusive storybooks, along with its decision to withhold opt-outs from such instruction,...more

Offit Kurman

Obergefell in Question: Estate Planning Risks for Same-Sex Spouses

Offit Kurman on

On August 11, 2025, the United States Supreme Court was asked to reconsider Obergefell v. Hodges, the 2015 decision that federally guaranteed marriage equality for all couples. This new case involves the four-times married...more

Shipman & Goodwin LLP

Supreme Court Addresses Religious Opt-Outs for LGBTQ-Inclusive Curricular Materials in Elementary Schools

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The Supreme Court’s recent decision in Mahmoud v. Taylor has raised new considerations for districts faced with requests from parents to excuse students from instruction they believe is at odds with their religious beliefs. ...more

Sands Anderson PC

What Now? Recent SCOTUS Decision Leaves School Divisions With More Questions Than Answers

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The U.S. Supreme Court recently ruled that a school division’s use of LGBTQ+-inclusive storybooks without allowing parental opt-outs unconstitutionally burdened religious freedom. This decision raises significant questions...more

Pullman & Comley - School Law

U.S. Supreme Court Announces New Legal Standard for First Amendment Free Exercise Challenges to Curriculum and Instruction

In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more

Parker Poe Adams & Bernstein LLP

Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

The U.S. Supreme Court ruled on Friday, June 27, that a Maryland school district’s decision to mandate instruction using LGBTQ+-inclusive storybooks, without offering notice or opt-outs to parents, violated the First...more

Cozen O'Connor

Facial Hair, Firefighters, and Free Exercise

Cozen O'Connor on

A single exception can now unravel your entire workplace safety policy. The Third Circuit's decision on May 30, 2025, in Smith v. Atlantic City, underscores how even minor exceptions to grooming or masking rules can expose...more

Bradley Arant Boult Cummings LLP

Burn Grooming Policy, Burn? Third Circuit Reignites Bearded Firefighter’s Religious Accommodation and Free Exercise Claims

If you have a grooming policy based on safety factors (like no beards for firefighters), does that trump an employee’s request for a religious accommodation? Maybe not. A recent Third Circuit decision, Smith v. City of...more

Bond Schoeneck & King PLLC

Religious Charter Schools Continue to be Impermissible…for Now

The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state...more

Baker Donelson

The Supreme Court Declines to Require Religious Charter Schools

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In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2025

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On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more

Holland & Knight LLP

Religious Institutions Update: May 2025

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Federal Trade Commission Protects Worship Location Data Shannon Britton Hartsfield and Bess Hinson-Greenspan Recent Federal Trade Commission (FTC) enforcement activity signals that companies need to protect consumer location...more

Rumberger | Kirk

Supreme Court to Decide Fate of Nation’s First Religious Charter School

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On January 24, 2025, the United States Supreme Court granted two petitions for certiorari in the cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond,...more

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