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Free Exercise Clause Religious Discrimination Religious Schools

Holland & Knight LLP

Religious Institutions Update: July 2024

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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

Foley Hoag LLP

Supreme Court Finds Religious Schools Entitled to Participate in School Voucher Program

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The United States Supreme Court on Tuesday released its opinion in Carson v. Makin, holding that Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise...more

Bricker Graydon LLP

A new Supreme Court case makes EdChoice challenges more difficult

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On June 30, 2020, the U.S. Supreme Court issued its opinion in Espinoza v. Montana Department of Revenue, which has potential ramifications for public schools across the country that are losing money when students attend...more

Stoel Rives LLP

U.S. Supreme Court Affirms Religious Freedom in Government Benefits and Employment Decisions

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In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more

Franczek P.C.

U.S. Supreme Court Holds That Prohibiting Government Aid to Private, Religious Schools Runs Afoul of the Constitution

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Recently, the U.S. Supreme Court issued its decision in Espinoza v. Montana Department of Revenue, which held that a State’s decision to bar aid to religious schools violates the Free Exercise Clause of the U.S. Constitution....more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Decision in Espinoza v. Montana Department of Revenue Confirms Availability of Municipal Bond Financing for...

Historically, the ability of a governmental conduit issuer to issue bonds to facilitate a financing for a religious organization or a religiously affiliated school, university, senior housing facility or other nonprofit...more

Seyfarth Shaw LLP

US Supreme Court Landmark Decision Prohibits States from Limiting Aid to Religious Schools That is Available to Secular Schools

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In another high-profile 5-4 decision, the majority of the United States Supreme Court ruled on June 30 in Espinoza v. Montana Department of Revenue that Montana’s Supreme Court violated the U.S. Constitution when it struck...more

Holland & Knight LLP

U.S. Supreme Court: Excluding Religious Schools from a Scholarship Program Is Unconstitutional

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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

Roetzel & Andress

And The Wall Between Church And State Continues To Crumble Under The Weight Of The High Court’s Decision In Espinoza v. Montana...

Roetzel & Andress on

In a 5-4 decision by Chief Justice John Roberts, the Supreme Court of the United States ruled on June 30 that the “no-aid” to sectarian schools provision, in Article X, Section 6, of the Montana Constitution, which was used...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Espinoza v. Montana Department of Revenue

On June 30, 2020, the U.S. Supreme Court decided Espinoza v. Montana Department of Revenue, No. 18-1195, holding that if a state subsidizes private education, the Free Exercise Clause does not allow the state to deny that...more

Holland & Knight LLP

Religious Institutions Update: December 2019 - Lex Est Sanctio Sancta

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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

Robinson+Cole RLUIPA Defense

City of Kirkwood, MO Hits Homerun in Religious Baseball Field Dispute in Eighth Circuit

Last week, the U.S. Court of Appeals for the Eighth Circuit issued an important decision regarding RLUIPA’s substantial burden and equal terms provisions. ...more

Holland & Knight LLP

Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

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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

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

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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

Hogan Lovells

U.S. Supreme Court Forbids Exclusion of Churches from State Grant Program

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On June 26, 2017, in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court held unconstitutional under the Free Exercise Clause Missouri’s refusal to award a playground resurfacing grant to a church. The...more

Holland & Knight LLP

Supreme Court: Public Benefit Programs Cannot Exclude Churches Solely Because They Are Religious

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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

Holland & Knight LLP

Religious Institutions Update: June 2017

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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

Robinson+Cole RLUIPA Defense

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three...more

Robinson+Cole RLUIPA Defense

Jewish School’s RLUIPA Claims Are Ripe For Adjudication

A federal court in the District of New Jersey has determined that claims asserted by the Congregation Kollel, Inc. (“Congregation”) against the Township of Howell, New Jersey (“Township”), based on the allegedly improper...more

Holland & Knight LLP

Religious Institutions Update: February 2017

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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

Robinson+Cole RLUIPA Defense

$1.7 Million Settlement with DOJ and CAIR-MI

In 2011, Pittsfield Charter Township denied, allegedly without deliberation, Michigan Islamic Academy’s (“MIA”) application to rezone a 26 acre parcel (the “Property”) to allow the development of a pre-K through grade 12...more

Robinson+Cole RLUIPA Defense

Michigan Township Prevails on Federal Religious Discrimination Claims

A federal court in Michigan has ruled that Genoa Charter Township did not violate federal law in denying a church’s application for a special use permit to operate a religious school. Livingston Christian Schools (LSC)...more

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