Mixed

Alpha Delta Chi v. Reed

A Christian sorority and a Christian fraternity at San Diego State University were denied official status because they required members to profess faith in Christ. The district court ruled against the sorority and fraternity. The Court of Appeals for the Ninth Circuit agreed that the university’s general non-discrimination policy was generally constitutional, but that it may have been applied against these groups in an unconstitutional manner. The Ninth Circuit sent the case back to the district court.

Strauss v. Horton

After the California Supreme Court declared homosexuals could marry, voters amended the state Constitution to prohibit homosexual marriage. Then activists tried to have the amendment declared unconstitutional. This time the Supreme Court ruled correctly by refusing to undo the amendment. However, that left open the question of what to do about same-sex “marriages” that had been solemnized in the interim. The court held those marriages were valid.

Morgan v. Plano Independent School District

This is the famous “Jesus is the Reason for the Season” pencils case. Four families challenged the constantly changing policies of the Plano Independent School District that governed student distribution of written materials. The district court ruled in favor of the school district on some points and in favor of the parents on other points. In turn, the Court of Appeals for the Fifth Circuit upheld the district court’s decision on some points and reversed it on others.

Pedreira v. Kentucky Baptist Homes for Children

Kentucky Baptist Homes for Children (KBHC) is a private organization that receives some funding from the Commonwealth of Kentucky for its services to at-risk children. Kentucky Baptist Homes for Children (KBHC) is a private organization that receives some funding from the Commonwealth of Kentucky for its services to at-risk children. Because of the religious beliefs held by KBHC, a lesbian employee was fired. She along with another lesbian who claimed that she wanted to apply for employment but would not because it would be futile, sued KBHC for employment discrimination. They also sued Kentucky officials along with KBHC for violating the Establishment Clause.

Brown v. City of Pittsburgh

The city of Pittsburgh passed a ordinance that created both a 15-foot buffer zone and a 100-foot bubble zone around hospitals and abortion clinics. A pro-life protester challenged the ordinance under the Free Speech Clause of the First Amendment and Pennsylvania’s Religious Freedom Restoration Act. In a complicated ruling, the Court of Appeals for the Third Circuit ruled that the combination of the two zones was unconstitutional, while ruling against the protester on some other arguments.

Storman’s, Inc. v. Selecky

Following a period of national attention, the Washington Board of Pharmacy issued a regulation that effectively excluded a right of conscience for pharmacists who could not fill Plan B prescriptions because of their religious convictions. One of the arguments that Appellees presented in their Motion for Preliminary Injunction was that the Board was denying pharmacists the same fundamental right that other health care professionals enjoyed in contravention of the two statutes, and that denial was a violation of the Equal Protection Clause.

Witt v. United States Department of the Air Force

In addition to being constitutional for the reasons relied upon by the court, the “Don’t Ask Don’t Tell” policy is also constitutional because none of the reasons relied upon to find the policy unconstitutional in prior cases is valid.

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