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Supreme Court of the United States › Religious Institutions

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 -
Goldberg Segalla

New Jersey Supreme Court limits the LAD's reach as to religious institutions, but will it last?

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Key Takeaways - The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria...more

Holland & Knight LLP

Religious Institutions Update: July 2023

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Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

Freeman Law

The Righteous Stand Bold Like a Lion | Bostock, Religious Organization Employers, and Title VII

Freeman Law on

This Insights blog addresses the aftermath of the monumental U.S. Supreme Court opinion of Bostock v. Clayton County, 140 S.Ct. 1731 (June 15, 2020) and the ongoing collision of the right to religious freedom enjoyed by...more

ArentFox Schiff

CMS Guidance on EMTALA and Abortion Raises New Issues for Hospital Emergency Services

ArentFox Schiff on

According to guidance published by the Centers for Medicare and Medicaid Services (CMS) on July 11, 2022, EMTALA, the Emergency Medical Treatment and Labor Act of 1986, requires hospitals to provide abortion services when...more

Sherman & Howard L.L.C.

Supreme Court’s LGBTQ Foster Care Decision Offers Little Clarity For Religious Employers

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In Fulton v. City of Philadelphia, No. 19-123 (June 17, 2021), the Supreme Court unanimously ruled in favor of Catholic Social Services (CSS), holding that the “City of Brotherly Love” unconstitutionally excluded CSS from the...more

Goulston & Storrs PC

Making the Roster: Conflicting Title IX Interpretations Present Challenges for Transgendered Athlete Participation

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Nationwide, college athletic programs are facing a dilemma: can they roster transgendered athletes on teams that conform with their gender identity? The answer is: it depends on where the team is located....more

Seyfarth Shaw LLP

SCOTUS Rules in Unanimous Favor of Catholic Government Contractor That Refuses to Work With Same-Sex Couples

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Seyfarth Synopsis: The narrow but unanimous ruling in Fulton v. City of Philadelphia does little to clarify for employers the tensions between religious liberties and LGBTQIA anti-discrimination rights....more

DirectEmployers Association

OFCCP Week In Review: June 2021 #4

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fulton v. Philadelphia

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On June 17, 2021, the U.S. Supreme Court decided Fulton v. Philadelphia, unanimously holding, with multiple concurring opinions, that Philadelphia violated a Catholic organization’s religious rights when it excluded that...more

Jackson Lewis P.C.

Supreme Court: Philadelphia Ordinance Unconstitutionally Burdened Religious Exercise

Jackson Lewis P.C. on

The U.S. Supreme Court has found that Philadelphia’s ordinance requiring a private foster care agency to certify same-sex couples as foster parents burdened the agency’s religious exercise in violation of the Free Exercise...more

Sherman & Howard L.L.C.

Ministerial Exception Doesn’t Cover Christian College Professors, But Does Cover Catholic School Principals?

Sherman & Howard L.L.C. on

Even after the Supreme Court’s recent decision that the so-called “ministerial exception” barred employment discrimination claims brought by a pair of Catholic school teachers, lower courts continue to wrestle with the scope...more

Bradley Arant Boult Cummings LLP

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

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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

BakerHostetler

2020 Supreme Court Update

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The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

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Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Holland & Knight LLP

Religious Institutions Update: July 2020

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Several recent cases concern challenges to executive orders relating to COVID-19 limiting the ability of churches to assemble and imposing other limitations. Beginning with appellate decisions, these cases are summarized in...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #3

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rethinks Its Position on When It May Assert Jurisdiction Over Religious Schools in Labor Matters Involving Faculty...

Sheppard Mullin Richter & Hampton LLP on

On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more

Dorsey & Whitney LLP

The Supreme Court - December 18, 2019

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Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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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

Jackson Walker

Does FEMA Unconstitutionally Deny Relief to Churches? President Trump Thinks So And He May Be Right

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Hurricane Harvey’s devastation has impacted thousands of people and businesses throughout Texas. Private nonprofits and religious organizations have been playing key roles in providing emergency relief to those who have been...more

Dickinson Wright

High Court Unanimously Upholds ERISA Exemption For Church-Affiliated Pension Plans

Dickinson Wright on

Advocate Health Care Network et al v. Stapleton et al, 581 U.S. __ (2017) - In one of the recent opinions rendered by the United States Supreme Court, it was found that pension plans maintained by religiously affiliated...more

Miles & Stockbridge P.C.

Supreme Court Clarifies Limits to ERISA Church Plan Exemption

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On March 27, 2017, the then 8 Supreme Court Justices heard oral arguments for three consolidated cases regarding the outer bounds of the “church plan” exception under the Employee Retirement Income Security Act of 1974...more

Baker Donelson

Nine Members Again, the Supreme Court Takes On Uneasy Relationship Between Church and State

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On June 26, 2017, the last day of its session, the Supreme Court issued what is likely to be one of its most significant rulings this year – and possibly for years to come – in the case of Trinity Lutheran Church of Columbia,...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

Kramer Levin Naftalis & Frankel LLP

Debt Dialogue: June 2017 - Supreme Court Holds Church-Affiliated Organizations Exempt From ERISA: A Prescription for the Ailing...

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On June 5, 2017, the United States Supreme Court rendered an important decision that will impact restructurings — particularly health care provider restructurings — going forward. The Supreme Court reversed the Third, Seventh...more

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