A Second Chance to Get It Right: 303 Creative at the Supreme Court It is not often that an issue comes before the Supreme Court twice within a space of four years, but that is exactly what has occurred in the same-sex marriage vendor cases. The first opportunity was in the Masterpiece Cakeshop litigation. The […]
Pro-life Cases The “big hitter” for this upcoming term is in the pro-life area: Dobbs v. Jackson Women’s Health Organization. Instead of nibbling around the edges of Roe and Casey, as the abortion cases in the Court for the last several decades have done, Dobbs goes for the heart, with Mississippi arguing that the viability
The Supreme Court in Hosanna-Tabor (2012) and Our Lady of Guadalupe (2020) embraced what Justice Alito described as the “so-called ministerial exception,” a doctrine that protects religious organizations from application of anti-discrimination laws when dealing with certain employees. Why “so-called”? Because the exemption covers more than just ministers or the top officials of a religious organization. But whom else? Certainly some
The Cutting Issues in Ministerial Exception Cases Read More
In March, The National Legal Foundation filed a “friend of the court” brief urging the Supreme Court to take a case (Carson v. Makin) that could end government discrimination against religious schools in the funding context. The case involves a Maine school program that pays the private school tuition for students who live in an area that lacks a public high school. The schools eligible to receive
Supreme Court Agrees to Review Case Involving Denial of Funding to Religious Schools Read More
Last Thursday, the National Legal Foundation’s (NLF’s) lawyers filed a “friend of the court” brief urging the Supreme Court to take a case (Carson v. Makin) that could end discrimination against religious schools. The case involves a Maine school program that pays the private school tuition for students who live in an area that lacks
The NLF Fights to Stop Discrimination Against Religious Schools Read More
Throughout the summer and into the fall, and then this winter, churches and synagogues have been pushing back against governors and local authorities who have decided that religious services are not “essential,” as those officials have defined many other businesses to allow groups of people to gather. Early efforts of churches to stop this discrimination
They Still Don’t Get It, So Ministers Don’t Get Vaccine Priority Read More