In Gordon v. City of Hamtramck, (6th Cir., Aug. 21, 2026), the U.S. 6th Circuit Court of Appeals rejected Free Speech, Establishment Clause and Equal Protection challenges to a city Ordinance that changed the rules on what flags could
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 6
Confrontation Between Jewish and Muslim High School Students Leads to Complex Court Decision
Hiester v. School District of Philadelphia, (ED PA, Aug. 21, 2026), is a 41-page opinion covering complex allegations of competing anti-Muslim and anti-Jewish harassment by high school students and high school administrators. The Pennsylvania federal district court describes…
Dance Company’s "Ministerial Exception" Defense to Trafficking Claims Rejected at Pleading Stage
Chun-Ko Chang v. Shen Yun Performing Arts, Inc., (SD NY, Aug. 18, 2026), is a class action suit brought by students who also are performers in a Chinese dance company based in New York. Plaintiffs allege violations of the Trafficking…
Anti-Abortion Advocates Urge EPA To Require Data Collection on Mifepristone in Water Systems
Anti-abortion advocates are using a new strategy in their efforts to limit or ban the use of the abortion drug mifepristone. In July, the Environmental Protection Agency published in the Federal Register a Rule Proposal (full text) to…
Exorcist Priest’s Defamation Suit May Move Ahead
In Martins v. Romero, (ED MI, Aug. 21, 2026), a Michigan federal district court refused to dismiss a suit by a Catholic priest against a podcaster and a frequent guest on the podcast, alleging that their podcasts defamed him…
Satanic Temple Sues Over Denial of Use of Iowa Capitol Rotunda for Holiday Events
In Iowa, private organizations and individuals may request use of space on the Capitol Grounds, including the Capitol Rotunda, for events that are open to the public. Earlier this month, The Satanic Temple filed suit in an Iowa federal district…
Two Cert. Petitions Raising Issues of State Aid for Religious Instruction Filed
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…
Massachusetts Supreme Court Says Religious Statues Proposed for Public Building Violate State Constitution
In Fitzmaurice v. City of Quincy, (MA Sup. Jud. Ct., Aug. 20, 2026), the Massachusetts Supreme Judicial Court upheld a trial court’s preliminary injunction barring the city of Quincy from installing two 10-foot-tall statues on the facade of a…
Churches Seek to Hold ICE In Contempt for Violating Injunction Limiting Enforcement Around Churches
As previously reported, in February a Massachusetts federal district court issued a preliminary injunction barring immigration officials from enforcing against plaintiffs in the case a new policy that allows ICE agents to conduct arrests, searches, or interrogations in or near…
2nd Circuit: Church Autonomy Doctrine Bars Defamation Suit Against Church Leaders by Former Priest
In Belya v. Kapral, (2d Cir., Aug. 18, 2026), a defrocked priest in the Russian Orthodox Church Outside of Russia (ROCOR) sued church leaders and church entities for defamation. He claimed that defendants wrongly accused him of forging three…