News & Analysis as of

Religious Expression

Tucker Arensberg, P.C.

High School Football Coach’s Mid-Field, Post-Game Prayer Ruled Protected Speech

Tucker Arensberg, P.C. on

​​​​​​​Kennedy v. Bremerton School District, 597 U.S. __ (2022) (The United States Supreme Court concludes that a coach praying at mid-field following a high school football game was engaged in private religious expression...more

Best Best & Krieger LLP

SCOTUS Term Includes Back-to-School Guidance on Balancing Free Exercise and Establishment Clauses

Employers Should Reevaluate Policies on Religious Expression at Work in Light of Kennedy v. Bremerton School District and Carson v. Makin - With the commencement of school, public youth programs and 2022-23 budget cycles,...more

Littler

Dear Littler: Must we accommodate an employee’s religious views in every instance?

Littler on

Dear Littler: I’m an HR representative at an advertising agency based in New York City. We have a question about a religiously vocal employee. Recently she has made her opinions on homosexuality known to her entire...more

Pessin Katz Law, P.A.

Proposed Response For School Systems In Light Of Kennedy v. Bremerton School District

Pessin Katz Law, P.A. on

In the Supreme Court’s recent decision in Kennedy v. Bremerton School District, ___ U.S. ___, 2022 WL 2295034 (2022)(Bremerton), the Court considered a government employee’s claim of infringement on his religious rights. ...more

Fox Rothschild LLP

Clear as Mud: Navigating In-School Employee Expression in the Wake of Kennedy v. Bremerton School District

Fox Rothschild LLP on

The Supreme Court ruled in Kennedy v. Bremerton School District on June 27, 2022 that a public high school violated the Constitution by restricting a football coach from engaging in “personal” but overt post-game, mid-field...more

Crowe & Dunlevy

God Bless the U.S.A.

Crowe & Dunlevy on

The United States Supreme Court last week issued important rulings affecting religious freedom. The two cases are Carson v Makin and Kennedy v Bremerton. Both cases involve the First Amendment and schools. Originally...more

Polsinelli

Supreme Court Issues Opinion on Religious Expression for Public Employees

Polsinelli on

The Supreme Court addressed the intersection of the First Amendment’s Establishment and Free Speech clauses as they relate to a public employee’s personal religious expression when done in the public eye. In a 6-to-3...more

Jackson Lewis P.C.

U.S. Supreme Court: School District Can’t Discipline Coach for Post-Game Public Religious Observances

Jackson Lewis P.C. on

A school district infringed on an assistant football coach’s rights under the Free Exercise Clause of the First Amendment when it suspended him for continuing to publicly pray after football games in violation of its policy,...more

Miller Nash LLP

Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace

Miller Nash LLP on

The widely reported Supreme Court case Kennedy v. Bremerton School District, No. 21-418 (S. Ct. June 27, 2022) warrants all the attention it has been getting. The Court’s penalty flag against the local Washington school...more

Ballard Spahr LLP

Supreme Court Alters First Amendment Test In Decision Allowing High School Coach to Pray After Games

Ballard Spahr LLP on

Joseph Kennedy coached football at Bremerton High School, a public school in Washington State. After football games, Kennedy led prayers at the 50-yard line among players, coaches, fans, and, sometimes, politicians. The...more

Jackson Lewis P.C.

U.S. Supreme Court: School District Cannot Fire Coach for Personal Religious Observance After Games

Jackson Lewis P.C. on

The U.S. Supreme Court has held in favor of a former high school football coach in western Washington who lost his job after kneeling to pray on the 50-yard line after games. Kennedy v. Bremerton School Dist., No. 21–418...more

Franczek P.C.

Supreme Court rules in favor of football coach who prayed on field after games

Franczek P.C. on

On Monday June 27, the Supreme Court issued their ruling in the case Kennedy v. Bremerton School District. (We previously reported on this case.) In a 6-3 decision penned by Justice Neil Gorsuch, the conservative majority...more

Epstein Becker & Green

Prayer on the 50-Yard Line Doesn’t Draw a Flag, Plus Two Criminal Cases: SCOTUS Today

Epstein Becker & Green on

Coming off the decisions in the landmark Dobbs and Bruen cases, the rest of the term might seem anticlimactic. Nevertheless, as the shelf is being cleared of the remaining cases, there are still rulings of significance to...more

Sherman & Howard L.L.C.

New SCOTUS Case Augurs Toward More Prayer in Public Employment Settings

The U.S. Supreme Court issued a blockbuster school prayer decision Monday in Kennedy v. Bremerton School District. The case involved a public high school football coach who was fired for praying on the field after each game,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Kennedy v. Bremerton School District

On June 27, 2022, the U.S. Supreme Court decided Kennedy v. Bremerton School District, No. 21-418, holding that a football coach’s quiet prayers of thanks after three football games were protected under the Free Exercise and...more

Roetzel & Andress

Supreme Court Holds School Board Cannot Prohibit Coach From Praying on the Football Field

Roetzel & Andress on

The Supreme Court today held a public school football coach can openly pray on the football field and have students participate. Kennedy v. Bremerton School Dist., concerned an assistant football coach at a public high...more

Franczek P.C.

Supreme Court to decide case of football coach placed on leave for post-game prayers

Franczek P.C. on

On April 25, the Supreme Court heard oral arguments in the case Kennedy v. Bremerton School District, which we previously reported on. As you may recall, the case involves a high school football coach, Joseph Kennedy, who was...more

Murtha Cullina

Connecticut Governor Signs Law Prohibiting Employer-Employee “Captive Audience” Communications

Murtha Cullina on

On May 17, 2022, Connecticut Governor Ned Lamont signed into law the so-called “captive audience” bill (Senate Bill 163), which prohibits employers from requiring their employees to (a) attend employer-sponsored meetings that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Poised to Ban ‘Captive Audience’ Meetings and Expand Employee Free Speech Protections

Recently, the Connecticut General Assembly sent Public Act No. 22-24 (Substitute Senate Bill No. 163), “An Act Protecting Employee Freedom of Speech and Conscience,” to Governor Ned Lamont’s desk for signature. It is unclear...more

Verrill

Supreme Leak: Religion at Work

Verrill on

Over the last year, our society has navigated COVID-19 and rules concerning vaccination and masking. As a society and on this blog, we have discussed regularly the role religious freedoms play in the work environment—under...more

Proskauer - Law and the Workplace

New York District Court Permanently Enjoins Reproductive Health Notice of Rights Requirement for Employee Handbooks

A Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination...more

Epstein Becker & Green

The Court Upholds a College Board’s Censure of One of Its Members, and Delays an Execution on Religious Grounds: SCOTUS Today

Epstein Becker & Green on

The Court issued opinions in two cases today, both interesting in their particular factual circumstances, but neither controversial, with one unanimously decided and the other with a lone dissent....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ramirez v. Collier

On March 24, 2022, the U.S. Supreme Court decided Ramirez v. Collier, No. 21-5592, reversing the Fifth Circuit, and holding that because Texas’ restrictions on religious touch and audible prayer in the execution chamber...more

Husch Blackwell LLP

Scotus to Assess the Scope of Public Employers' First Amendment Obligations

Husch Blackwell LLP on

The U.S. Supreme Court has agreed to hear a First Amendment free speech and religious freedom case with potential major implications for all public employers. In Kennedy v. Bremerton School District, the Court will...more

Husch Blackwell LLP

Livin’ on a Prayer: Supreme Court to Hear Case of Football Coach who Lost Job for Praying

Husch Blackwell LLP on

On January 14, 2022, the Supreme Court granted certiorari to determine whether a school district was within its rights in telling a coach not to continue to kneel and pray at the 50-yard line after his team’s games...more

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