The U.S. 5th Circuit Court of Appeals yesterday heard oral arguments in State of Louisiana v. FDA, (5th Cir., argued 9/9/2026) (audio of full oral arguments). In the case, Louisiana challenged the FDA’s 2023 ruling that removed the
Religion Clause
The Religion Clause blog, published by Howard M. Friedman, focuses on legal developments related to church-state relations and religious liberty in the United States. It covers court decisions and regulatory actions involving the First Amendment's religion clauses, including cases on zoning permits for religious institutions, religious exemptions in healthcare and education, and controversies over religious content in public school curricula. The blog also addresses issues such as the ministerial exception in employment law, challenges to government designations affecting religious organizations, and the intersection of religious freedom with other constitutional rights like free speech. Posts often include analysis of statutes like RLUIPA and explore the impact of federal and state policies on religious exercise and expression.
Latest from Religion Clause - Page 2
EEOC Outlines Its Progress in Fighting Religious Discrimination
On Monday, the EEOC issued a press release (full text) titled EEOC Delivers on Administration Priorities and President Trump’s Executive Orders. A significant portion of the release is devoted to the EEOC’s protection of religious freedom since the…
Supreme Court Review Sought in Denial of Religious Exemption from Vaccine Requirement for Student Attending Online School
A petition for certiorari (full text) was filed last week with the U.S. Supreme Court in Perry v. Marteney, (Sup.Ct., cert. filed 9/4/2026). In the case, the U.S. 4th Circuit Court of Appeals, in a 2-1 decision, held that…
New Jersey Expands Protections for Providers and Recipients of Reproductive Health Care; Catholic Conference Provides Guidance for Protesters
On August 20, New Jersey Governor Mikie Sherrill signed S2260 (full text) into law. The governor’s press release announcing the signing of the bill describes it:The legislation, S2260/A2218, signed today expands existing protections for reproductive healthcare patients and providers.…
Catholic Sisters Challenge Illinois End-of-Life Options for Terminally Ill Patients Act
Several orders of Catholic sisters as well as Chicago Archbishop Cupich filed suit yesterday in an Illinois federal district court challenging the constitutionality of requiring them to comply with Illinois End-of-Life Options for Terminally Ill Patients Act. The 93-page…
United Methodist Parent Body Sues Local Church Over Amendments to Governing Documents
Last month, the parent body of the United Methodist church in Texas filed suit in a Texas state trial court against a Dallas Methodist congregation alleging that the congregation improperly amended its governing documents to eliminate its affiliation with the…
Court Allows Suit by Jewish School Denied Zoning Approval to Move Ahead
Bet Midrash Ohr Hachayim Hakadosh, Inc., v. City of Hollywood, Florida, (FL Bkr., Aug. 28, 2026), is a civil rights action being pursued in federal bankruptcy court because plaintiff is in Chapter 11 federal bankruptcy proceedings and the case…
Maine Supreme Court Upholds Ending Mother’s Sharing in Control of Daughter’s Religious Upbringing
In Bickford v. Bradeen, (ME Sup. Ct., Sept. 1, 2026), the Maine Supreme Court upheld a trial court’s decision to modify an order originally issued in 2013 that gave the separated parents of an infant daughter shared parental rights on…
Federal Court Settles Application of Michigan’s Civil Rights Act to Catholic Institutions
In two lengthy opinions issued last month, a Michigan federal district court granted summary judgment to the state, dismissing pre-enforcement civil rights actions, one brought by a Catholic parish-run school and school parents, and the second brought by a Christian…
4th Circuit Debates When the Reason for Seeking an Accommodation Under Title VII Is "Religious"
In Wilkins-Bailey v. Essity Professional Hygiene North America, LLC, (4th Cir., Sept. 1, 2026), the U.S. 4th Circuit Court of Appeals, in a 2-1 decision, held that a North Carolina federal district court wrongly granted summary judgment to an…