Two petitions for certiorari raising First Amendment issues were filed this week with the U.S. Supreme Court. Both involve the permissibility of state aid for religious instruction.
A petition (full text) asking the Court to review a Virginia federal district court’s decision before the 4th Circuit hears the case was filed in Johnson v. Fleming, (Sup. Ct., cert. filed 8/20/2026). In the case, a Virginia federal district court dismissed Free Exercise Clause, Establishment Clause, and Equal Protection Clause claims challenging exclusions from the Virginia Tuition Assistance Grant Program for theology and religion majors. (See prior posting). ADF issued a press release announcing the filing. Earlier this month, a certiorari petition was filed in a separate case raising a similar challenge to religious exclusions from Virginia’s Tuition Assistance Grant Program. (See prior posting.)
A petition for certiorari (full text) was also filed this week in Woolard v. Thurmond, (Sup. Ct., cert. filed 8/20/2026). In the case, the U.S. 9th Circuit Court of Appeals rejected First Amendment challenges to California’s refusal to purchase and permit the use of religious curricular materials in home-based independent study programs of two charter schools. (See prior posting.) First Liberty issued a press release announcing the filling.