Justice Barrett hasn’t published an opinion yet, but she’s just made her presence known. When Justice Ginsburg was on the Court earlier this year, she joined a 5-4 majority that included Chief Justice Roberts and that refused the pleas of churches to stop, on an “emergency” basis, jurisdictions that were clamping down harder on in-person […]
The National Legal Foundation has joined a law suit against the Montgomery County, Maryland, school board because it has adopted a transgender policy that requires its personnel to hide from parents that their minor child is going “trans” at school if the student or school personnel believe that the parents may not be “supportive.” The
NLF Sues School System That’s Preempting Rights of Parents of Transgender Students Read More
The Supreme Court term begins this month, and, as of now, it does not appear to be as action-packed for religious liberty as this past term. However, at least one important case is in the hopper, and several are in the pipeline. And, of course, all is overshadowed by the presumed replacement of Justice Ginsburg
Supreme Court 2020-21 Preview with Judge Barrett (Likely) Enrobed Read More
Outrageous! A professor at a major university “came clean” and admitted that she has been falsely claiming for years that she has “Black” blood. The brickbats came out, although it wasn’t entirely clear why. Because she had taken an affirmative action slot from someone who otherwise would have had it? Because she wasn’t one of
If Transsexual, Why Not Transracial? Read More
The majority opinion in Bostock was surreal. How could six very intelligent people say that discrimination on account of sex includes discrimination on the basis of sexual orientation and gender identity? Justice Gorsuch reached that conclusion [delete] because, if an employer wouldn’t fire a man for sleeping with a woman but would fire a woman
First Bostock, Then Alice’s Wonderland Read More
Chief Justice Roberts has been the center of attention recently, whipsawing both liberals and conservatives with his various opinions. He sided with Justice Gorsuch and the four “liberals” on the bench in ruling that “sex” in Title VII of the Civil Rights Act includes “sexual orientation” and “gender identity,” and he wrote a somewhat baffling
So What Is Roberts Doing? Read More
The Supreme Court in Bostock v. Comstock County and two linked cases decided that, when the Civil Rights Act of 1964 outlawed employment discrimination on the basis of “sex,” it included discrimination based on sexual orientation and gender identity. Now, Justice Gorsuch, writing for the majority, freely admitted that the legislators in 1964 didn’t have
Say What? If “Sex” = “LGBT,” What Follows? Read More
The Supreme Court has accepted a case, Fulton v. Philadelphia, that presents the question, among others, of whether the Supreme Court’s decision in Employment Division v. Smith, issued in 1990, should be overruled. Smith held that, when a person challenges application of a law of general applicability on the ground that it restricts the person’s
If Smith Is on the Way Out, What’s on the Way in? Read More
NLF in its amicus brief in the Supreme Court points out a methodological flaw in the “undue burden” analysis in recent abortion cases.
NLF Weighs in on Abortion in Supreme Court Read More
A state may not refuse tax credits for contributions solely because some resulting scholarships go to religious schools.