Using the Establishment Clause as a brake on the Free Exercise Clause, the Ninth Circuit has recently held that a public school could prohibit a high school football coach from kneeling by himself on the field to pray briefly after a game because students could see him exercise his religion in that way. NLF will […]
Teachers Have Free Exercise Rights, Too Read More
A federal district court judge in Wisconsin in Gaylor v. Mnuchen has decided that a tax provision favoring ministers that has been on the books for decades violates the Establishment Clause of the First Amendment (“Congress shall make no law respecting . . . the establishment [of religion]”). The provision in question allows ministers of
The Supreme Court in Masterpiece Cakeshop struck down Colorado’s punishment of a baker who refused to make a cake for a same-sex marriage (SSM). It did so, though, on different grounds than were principally presented. The case was principally argued on the basis that, because decorating a cake was “artistic” expression, it was “speech” under the First
WE DODGE THE BULLET IN MASTERPIECE CAKESHOP Read More