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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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more

Robinson+Cole RLUIPA Defense

Madison, Wisconsin’s Denial of Athletic Field Lights Upheld Over Claims of Religious Discrimination

On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As...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

Jackson Lewis P.C.

EEOC’s Proposed Revision Of Its Guidance Manual On Religious Discrimination

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The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public input on its updated Compliance Manual on Religious Discrimination. The compliance manual has not been revised since July...more

Fisher Phillips

What Employers And Educational Institutions Need To Know About EEOC’s Proposed Guidance On Religious Discrimination

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The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and...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...

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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

Franczek P.C.

Proposed Regulations Would Ease Access to Public Funds for Faith-Based Colleges

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The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address the first of those initiatives, relating to prayer...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

Robinson+Cole RLUIPA Defense

Evangelical Church Sues Castle Hills, TX for Denying SUP for Sunday School Space

Wayside Chapel Evangelical Free Church is suing Castle Hills, Texas for denying its application for a special use permit for property located at 113 Ivywood Circle.  The Church claims that the extra space is needed to...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

Robinson+Cole RLUIPA Defense

Supreme Court Refuses to Take Tree of Life RLUIPA Case

Last week, the United States Supreme Court denied Tree of Life Christian Schools’ petition for certiorari involving its longstanding religious dispute with Upper Arlington, Ohio (City). In 2009, Tree of Life purchased a...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

Robinson+Cole RLUIPA Defense

Sixth Circuit Creates New RLUIPA Equal Terms Test Based On “Legitimate Zoning Criteria”

Earlier this week, the U.S. Court of Appeals for the Sixth Circuit issued a decision in Tree of Life Christian Schools v. City of Upper Arlington concerning a religious school’s RLUIPA equal terms challenge. ...more

Farrell Fritz, P.C.

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

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Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more

Robinson+Cole RLUIPA Defense

Christian School’s Claims Dismissed as Unripe Under Midrash Sephardi

A district court in the Southern District of Florida has dismissed as unripe claims brought by Centro de Ensenanza Palabra de Fe, Inc. (“Centro”), a tax-exempt religious organization that operates a daycare center and...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

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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

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