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Supreme Court of the United States First Amendment Religious Discrimination

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Rumberger | Kirk

Supreme Court Appears Split on Whether to Approve Religious Charter School

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On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more

Holtzman Vogel Baran Torchinsky & Josefiak

Holtzman Vogel Supreme Court Review, October Term 2022

By: Jason Torchinsky, Ed Wenger, Jan Baran, Jonathan P. Lienhard, Kent Safriet, and David Brown The Supreme Court wrapped up its decisions from the October 2022 Term, with a blockbuster final week addressing issues like...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

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

Bradley Arant Boult Cummings LLP

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...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

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

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Miles & Stockbridge P.C.

Masterpiece Cakeshop: Considerations for Employers

On June 4, 2018, the United States Supreme Court issued its long-awaited opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, ultimately siding with the baker who refused to make a wedding cake for a gay...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

FordHarrison

U.S. Supreme Court Sides with Wedding Cake Baker in Gay Rights Case Based on Civil Rights Commission's Impermissible "Hostility"

FordHarrison on

On June 4, 2018, the United States Supreme Court, in a 7-2 ruling, found in favor of Jack Phillips, owner of Masterpiece Cakes, who refused to make a wedding cake for a same-sex couple. He cited religious beliefs condemning...more

Seyfarth Shaw LLP

The Supreme Court’s Decision in Masterpiece Cakeshop Provides Little Guidance on Intersection of Religious and LGBT Rights

Seyfarth Shaw LLP on

In a largely symbolic ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a gay couple based on his...more

Franczek P.C.

Supreme Court Rules in Favor of Baker Who Refused to Create Wedding Cake for a Same-Sex Marriage, but Does Not Open the Door for...

Franczek P.C. on

In a limited opinion issued, the Supreme Court ruled in favor of a Colorado baker who refused to create a wedding cake for a same-sex couple. However, the Court’s decision in the case, Masterpiece Cakeshop, Ltd. v. Colo....more

Harris Beach Murtha PLLC

Cake, Art and Religious Freedom?

In a prior MuniBlog posting we covered a case pending before the U.S. Supreme Court involving a Colorado baker and concerns about non-discrimination laws and religious objections. In Masterpiece Cakeshop vs. Colorado Civil...more

Ward and Smith, P.A.

Supreme Court Update: Merchant Rights and the Masterpiece Cakeshop Case

Ward and Smith, P.A. on

In 2015, the United States Supreme Court issued its landmark decision in Obergefell v. Hodges, ruling that the Fourteenth Amendment precludes states from prohibiting the marriage of same-sex couples. In the past three...more

Sands Anderson PC

Discriminating on the Basis of Religious Belief: Limited Lessons for Governments and Businesses from Masterpiece Cakeshop

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The US Supreme Court decided yesterday what Court watchers thought might be a landmark case deciding whether the rights to free exercise of religion and free speech trumped the rights of gays and lesbians to have access to...more

Robinson+Cole RLUIPA Defense

SCOTUS Rules Baker Who Refused Wedding Cake To Same-Sex Couple Suffered Religious Discrimination

The Supreme Court issued its anticipated decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. ...more

Rumberger | Kirk

Did The Supreme Court Kick The Cake Down The Road In Masterpiece Cakeshop, Ltd., Et Al. V. Colorado Civil Rights Commission?

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By a majority of 7–2, the Court ruled in favor of Colorado-based baker Jack Phillips, who in 2012 refused to sell to a same-sex couple a wedding cake intended for a celebration following the couple’s out-of-state marriage....more

Littler

The Supreme Court’s Ruling in Masterpiece Cakeshop: A Masterpiece on Dodging Key Constitutional Issues

Littler on

On June 4, 2018, the Supreme Court issued its decision in Masterpiece Cakeshop, Ltd. and Jack C. Phillips v. Colorado Civil Rights Commission. In a 7-2 opinion authored by Justice Anthony Kennedy, the Court held that the...more

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

SCOTUS Rules Colorado Agency Violated Free Speech Rights in Wedding Cake Case

On June 4, 2018, the Supreme Court of the United States settled a controversy stemming from a bakery’s refusal to make a cake for a same-sex couple’s wedding reception. Justice Kennedy, writing for the majority, ruled that...more

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