Religious Law

Chemerinsky: Religion comes to the Supreme Court

Among the many divisive questions on the high court's docket this term, there are four different matters concerning religious freedom. Some involve constitutional issues, while others involve interpretation of federal statutes. All involve issues concerning free exercise of religion and are likely to be a strong indication of the direction of the Roberts Court as to religious liberties.

Feb 27, 2020 11:28 AM CST

Afternoon Briefs: Sotomayor sees ‘pall of uncertainty’ in capital case; judge backs park proselytizing

Death-row inmate’s conviction has ‘pall of uncertainty,’ Sotomayor says Justice Sonia Sotomayor expressed concern on Monday about a “pall of uncertainty” over the conviction of Texas death-row inmate Rodney Reed. The U.S. Supreme Court refused to hear Reed’s appeal, spurring Sotomayor’s statement in which she noted Texas courts are considering…

Feb 24, 2020 4:55 PM CST

Supreme Court to consider case of Catholic foster-care agency that won’t place children with LGBT couples

The U.S. Supreme Court on Monday agreed to decide whether Philadelphia can exclude Catholic Social Services from the city’s foster-care program because the agency doesn’t place children with same-sex couples.

Feb 24, 2020 11:35 AM CST

Afternoon Briefs: SCOTUS lacks State of the Union majority; judge reverses No More Deaths convictions

Which Supreme Court justices attended the State of the Union? Only four justices attended the State of the Union on Tuesday. Chief Justice John G. Roberts Jr. was there, even though he presided over President Donald Trump’s impeachment trial. Justices Elena Kagan, Brett M. Kavanaugh and Neil M. Gorsuch also…

Feb 5, 2020 3:55 PM CST

Some lawyers worry about proposed DOE rule that would remove restrictions on religious institutions

President Donald Trump announced this month that his administration would make it easier for public school students and teachers to pray on campus and would remove federal funding restrictions for religious groups that provide social services.

Jan 23, 2020 6:00 AM CST

Sex offender’s quest for ‘Better Off Dead’ name change bites the dust in appeals court

A man who was civilly committed as a sexually dangerous person can’t change his name to “Better Off Dead,” the Minnesota Court of Appeals has ruled.

Jan 8, 2020 11:58 AM CST

Chemerinsky: It’s likely to be an amazing year in the Supreme Court

No U.S. Supreme Court term in recent memory has had more potential blockbuster cases on the docket than this one. The court is likely to dominate the headlines in May, and especially June 2020, with rulings on almost every major controversial area of law.

Jan 2, 2020 11:17 AM CST

Take a gander at our favorite 2019 slideshow galleries

From famous celebrity prenups to groundbreaking black lawyers to First Amendment milestones, the ABA Journal presents our favorite slideshow galleries from this year. Which gallery was your favorite? Love Hurts: 13 Famous Prenups Kicking off 2019 was a gallery for Valentine’s Day about famous celebrity prenups, which are used to…

Dec 23, 2019 9:50 AM CST

Chemerinsky: 2019 was all about setting up the blockbuster year 2020 promises to be

The past year was unusual in the U.S. Supreme Court because the justices handed down only a few blockbuster decisions but then filled their docket with a stunning number of cases of potentially great significance to be decided in spring 2020. Interestingly, the court could have taken many of these cases in the October 2018 term for decisions in June 2019, but it did not do so.

Dec 23, 2019 9:34 AM CST

Supreme Court to decide scope of exemption from bias laws for religious schools

The U.S. Supreme Court agreed Wednesday to decide two cases involving the “ministerial exception” that bars courts from hearing some employment suits against religious employers.

Dec 20, 2019 3:14 PM CST

Afternoon Briefs: Judge who won’t perform same-sex marriages gets warning; hemp growers no longer seen as suspicious

Judge gets public warning after claiming religious exemption to performing same-sex weddings A Texas justice of the peace who refuses to perform same-sex weddings has received a public warning from the State Commission on Judicial Conduct. The judge, Dianne Hensley, has said she is entitled to a religious exemption. When…

Dec 4, 2019 3:52 PM CST

Supreme Court to consider whether FBI agents can be sued for money damages for religious freedom violation

On Friday, the U.S. Supreme Court accepted a no-fly list case to decide whether federal officials can be sued for money damages in their individual capacities for violations of the Religious Freedom Restoration Act.

Nov 25, 2019 11:41 AM CST

Afternoon Briefs: Judge tosses defamation suit by pardoned sheriff Arpaio; blogging law prof is sued

Judge tosses Arpaio defamation suit claiming ‘leftist enmity’ constituted actual malice U.S. District Judge Royce Lamberth of Washington, D.C., has tossed a defamation lawsuit filed by former Maricopa County, Arizona, Sheriff Joe Arpaio against three publications. Lamberth said Arpaio failed to allege facts supporting actual malice. Arpaio’s suit claimed CNN…

Nov 6, 2019 4:32 PM CST

State supreme court sides with Christian print shop who refused gay pride T-shirts

The Kentucky Supreme Court has ruled in favor of a Christian print shop owner who refused to print gay pride T-shirts for religious reasons.

Nov 4, 2019 12:38 PM CST

After religious freedom group files ethics complaint, judge explains why she gave ex-cop a hug and a Bible

Judge Tammy Kemp said she gave former Dallas cop Amber Guyger a hug after she asked for one and a Bible after she said she didn’t have one. Kemp spoke about her actions after Guyger received a 10-year prison sentence for fatally shooting her neighbor.

Oct 8, 2019 2:54 PM CDT