Statute
Free Exercise Clause
117 published works
Religion Clause
Court Dismisses Claim That Microchipping Plaintiff’s Dog Violated Plaintiff’s Free Exercise Rights
In Stokes v. City Dogs Animal Control, (ND OH, May 12, 2026), an Ohio federal district court dismissed a pro se plaintiff's claim that his free exercise rights were infringed when his…
Religion Clause
5th Circuit En Banc Upholds Texas Law Requiring Posting of 10 Commandments In Classrooms
In Nathan v. Alamo Heights Independent School District, (5th Cir., April 21, 2026), the U.S. 5th Circuit Court of Appeals sitting en banc upheld the constitutionality of the Texas law requiring the…
Religion Clause
Military Rule Barring Political Speech While in Uniform Did Not Violate Reservists Free Exercise Rights Under RFRA
In Yarbrough v. Saltzman, (D DC, April 3, 2026), a D.C. federal district court dismissed a claim by a major in the Air Force Reserve that his religious freedom rights under…
Religion Clause
Court Permanently Enjoins Enforcement of Arkansas Law Requiring 10 Commandments in Every Classroom
In Stinson v. Fayetteville School District , (WD AR, March 16, 2026), an Arkansas federal district court issued a permanent injunction barring the state from enforcing Arkansas' statute that requires the…
Religion Clause
Supreme Court in Shadow Docket Case Rejects California’s Policy on Informing Parents of Student’s Gender Transition
On Monday evening, the U.S. Supreme Court in Mirabelli v. Bonta, (Sup. Ct., March 2, 2026), barred enforcement against objecting parents of a controversial California school policy that requires student…
Religion Clause
Camping Ordinance Does Not Violate Free Exercise Rights of Homeless Resident
In Hebbe v. City of Folsom, (ED CA, Dec. 3, 2025), plaintiff who is an unhoused resident of Folsom, California, challenges on numerous grounds a Folsom Ordinance that prohibits public…
Religion Clause
Denial of Access to Clergy During Covid Lockdown Did Not Violate Inmate’s Free Exercise Rights
In Johnson v. Ellis, (D NJ, Oct. 15, 2025), a New Jersey federal district court dismissed a claim by a pre-trial detainee that his free exercise rights were violated. The court…
Nahmod Law
The Free Exercise Clause, Section 1983 and RLUIPA Damages Actions: Certiorari Granted in Landor v. Louisiana Dept. of Corrections and Public Safety
Section 1983 and Free Exercise Claims for Damages Violations of the Free Exercise Clause of the First Amendment, like violations of many of the provisions of the Bill of Rights,…
Religion Clause
School’s Policy on Disclosure of Students’ Social Transitioning Violated Due Process, But Not Parents’ Free Exercise Rights
In Mead v. Rockford Public School District, (WD MI, Sept. 18, 2025), parents of a middle school student, referred to as G.M., challenged a school's policy on non-disclosure of their child's…
Family Law Prof Blog
Ross: “Fulton, Foster Care, and Free Exercise”
By Family Law
Jeremy Ross (University of Virginia) has recently posted to SSRN his paper, Fulton, Foster Care, and Free Exercise. Here is the abstract:This paper analyzes the legal prospects of per se…