Topic
Establishment Clause
217 published works
Religion Clause
Humanist Teacher Sues Over Prayer at School Staff Meetings
Suit was filed this week in a Texas federal district court by a former middle school teacher who is a Humanist contending that the Texas school at which he formerly…
Religion Clause
6th Circuit Questions Whether "Secular Purpose" Is Still Part of Establishment Clause Compliance
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…
Balkinization
The Ten Commandments Case: Constitutional Erastianism
By guestbloggerbalkin-blogspot-com
Arvind Kurian AbrahamWhen the Fifth Circuit upheld Texas's law mandating the display of the Ten Commandments in public school classrooms, most legal scholars will reach for the obvious reference points:…
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
Plaintiff Lacks Standing to Challenge Creation of Taks Force to Eradicate Anti-Christian Bias
In Hall v U.S. Department of Justice, (ND CA, April 9, 2026), a California federal district court held that plaintiff lacks standing to challenge on Establishment Clause grounds the Justice Department's…
Religion Clause
High School Teacher Did Not Violate Constitution in Counseling Muslim Student Who Converted to Christianity
In Chaudhry v. Thorsen, (ND IL, March 18, 2026), an Illinois federal district court rejected Establishment Clause, substantive due process, and equal protection claims against Pierre Thorsen, a high school history…
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…
K-12 Legal Insights
The Classroom Commandments: Courts Confront Legal Challenges to Mandatory Religious Displays in Schools
By John W. Borkowski, Aleks Ostojic Rushing, Claire Young, Melissa Alter
In recent years, a handful of high-profile legal challenges have emerged in response to state laws requiring the display of religious texts in public school classrooms, particularly in conservative states.…
Religion Clause
5th Circuit En Banc: Challenge to Louisiana Classroom 10 Commandments Mandate Is Not Ripe
In Roake v. Brumley, (5th Cir., Feb. 20, 2026), the U.S. 5th Circuit Court of Appeals sitting en banc by a vote of 11-7 vacated on jurisdictional grounds a preliminary injunction…
Religion Clause
Mayor’s Statements About Prayer Event Sponsors May Have Violated Establishment Clause
Johnson v. City of Seattle, (WD WA, Feb. 18, 2026), is a suit by promoters of a worship event held in a Seattle park. According to the court:Plaintiffs allege that ...…