News & Analysis as of

Freedom of Religion Supreme Court of the United States

Cranfill Sumner LLP

Fourth Circuit Expands Exception for Religious Employees

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On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote the majority opinion....more

Holland & Hart - Employers' Lawyers

Worship in the Workplace and Reasonable Accommodations

Question: Do employers need to provide a space for employees to worship and/or pray in the office? Answer: The short answer is: Maybe.  Employers must reasonably accommodate employees’ sincerely held religious, ethical,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Term May Upend Precedent, Push Back Regulation

The U.S. Supreme Court’s 2022 term opened in October with another docket that is teeming with controversial issues, ranging from affirmative action in college admissions and third-party liability for social media posts to...more

Harris Beach PLLC

The SCOTUS Kennedy v. Bremerton Decision: Where Friday Night Lights and Freedom of Religion Converge

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In its Kennedy v. Bremerton School District decision, the U.S. Supreme Court has made a bold move that seems to disregard established precedent and leaves school district administrators and boards puzzled as to how best to...more

BakerHostetler

At the Crossroads of Politics, Religion and Social Justice, Employers Face Difficult Choices

BakerHostetler on

A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and...more

Miller Canfield

U.S. Supreme Court Sides with Public High School Coach in Free Speech/Freedom of Religion Case

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The U.S. Supreme Court issued a ruling which will have wide-ranging effects on the ability of governmental entities to react to religious and other speech of public employees. In Kennedy v. Bremerton Schools, the Court ruled...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

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In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] The 2021 SCOTUS Wrapup and Preview Episode

In this episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath review the 2020 Supreme Court Term and preview the big cases and topics in the October 2021 Term. Among the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Tandon v. Newsom

On April 9, 2021, the Supreme Court held in Tandon v. Newsom that California’s limitations on religious gatherings in homes likely violate the Free Exercise Clause of the First Amendment. The Court therefore enjoined...more

ArentFox Schiff

Supreme Court to Hear Challenge to Nonprofit Donor Disclosure Case

ArentFox Schiff on

Currently, charities are only required to disclose the names of their major donors to the IRS – which must keep them under seal – on federal Schedule B. The Supreme Court is set to schedule arguments in April for two...more

Bass, Berry & Sims PLC

Supreme Court Hears Oral Argument: Do Nominal Damages Requests Save a Case from Mootness?

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On January 12, the United States Supreme Court heard oral argument in the case of Uzuegbunam v. Preczewski, which occurred in the context of religious speech on a college campus. The question at issue in the case is whether a...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Tanzin v. Tanvir

On December 10, 2020, the U.S. Supreme Court decided Tanzin v. Tanvir, holding that the Religious Freedom Restoration Act (RFRA) permits litigants, when appropriate, to obtain money damages against federal officials in their...more

Best Best & Krieger LLP

During a Pandemic, is a Grocery Store Run the Same as a Baptism Under the 1st Amendment?

SCOTUS Sets Aside New York Limits on Religious Gatherings- The U.S. Supreme Court’s decision to halt, on First Amendment grounds, enforcement of New York’s COVID-19-related restrictions on indoor worship services...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Orders Preliminary Injunction in Roman Catholic Diocese of Brooklyn v. Cuomo

On November 25, 2020, the U.S. Supreme Court ordered a preliminary injunction in Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, holding that New York may not enforce 10- or 25-person congregation-size limits on...more

Seyfarth Shaw LLP

Supreme Court Temporarily Halts Enforcement of New York’s COVID-related Occupancy Limits on Worship Services

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Seyfarth Synopsis: On the eve of Thanksgiving, the Supreme Court granted various religious groups’ request to temporarily block enforcement of an Executive Order issued by the Governor of New York that imposes occupancy...more

Fisher Phillips

What Employers Need To Know About SCOTUS Nominee Amy Coney Barrett

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President Trump officially selected Judge Amy Coney Barrett to fill the empty seat on the Supreme Court bench, filling the vacancy caused by Justice Ruth Bader Ginsburg’s death. Assuming she is confirmed by the Senate, Judge...more

Foley & Lardner LLP

LGBTQ Employees Can Sue for Termination – What Other Employment Policies Do You Now Need to Review?

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A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more

Polsinelli

The U.S. Supreme Court Expands Protection for Religious Employers Against Discrimination Claims

Polsinelli on

On July 8, 2020, the United States Supreme Court expanded the “ministerial exception” – a legal doctrine that exempts religious employers from certain discrimination laws in Our Lady of Guadalupe School v. Morrissey-Berru. ...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Bond Schoeneck & King PLLC

Supreme Court Applies "Ministerial Exception" to Teachers at Religious Schools

On July 8, 2020, the Supreme Court analyzed the ministerial exception for employees who allege employment discrimination claims for the first time in nearly a decade when it issued its decision in Our Lady of Guadalupe School...more

Bradley Arant Boult Cummings LLP

Administering the Ministerial Exception: The Supreme Court Expands the Defense in Employment Cases

Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-­Berru, the Supreme Court expanded the ministerial exception that...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

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

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On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Foley & Lardner LLP

U.S. Supreme Court Broadens Religious Employer Defense in Employment Discrimination Lawsuits

Foley & Lardner LLP on

On July 8, 2020, in a 7-2 opinion, the U.S. Supreme Court in Our Lady of Guadalupe Sch. v. Morrissey-Berru issued a victory for religious employers, seeking to limit the application of federal anti-discrimination laws. The...more

Amundsen Davis LLC

U.S. Supreme Court Extends The “Ministerial Exception” To Teachers At Religious Elementary Schools

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On July 8, 2020 the United States Supreme Court ruled that the U.S. civil rights laws barring discrimination on the job do not apply to most lay teachers at religious elementary schools. The decision extends earlier Supreme...more

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