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Establishment Clause

217 published works

  1. Religion Clause

    Deed Restriction Does Not Violate Establishment Clause

    By Howard Friedman

    In Hilo Bay Marina, LLC v. State of Hawaii, (HI Cir. Ct., March 21, 2023), a Hawaii trial court dismissed a suit seeking to void a deed restriction.  In 1922,…

  2. Religion Clause

    Certiorari Denied in Challenge to Police Department Prayer Vigil

    By Howard Friedman

    The U.S. Supreme Court today denied review in City of Ocala, Florida v. Rojas, (Docket No. 22-278, certiorari denied 3/6/2023) (Order List.) In the case the U.S. 11th Circuit Court of Appeals…

  3. Religion Clause

    4th Circuit: Muslim Inmate’s Free Exercise Claim Rejected; Establishment Clause Claim Remanded

    By Howard Friedman

    In Firewalker-Fields v. Lee, (4th Cir., Jan. 17, 2023), the U.S. 4th Circuit Court of Appeals affirmed the dismissal of a Muslim inmate's 1st Amendment Free Exercise claim. Plaintiff alleged…

  4. Appellate Advocacy Blog

    Christmas and the Law

    By Robert S. Peck

    Thinking about a holiday-appropriate topic to write for Christmas, the false claims that there is a war on the holiday came to mind. Attempts to acknowledge the holiday but preserve…

  5. Religion Clause

    Suit Challenging School’s Scheduling of Revival As An Assembly May Move Ahead

    By Howard Friedman

    In Mays v. Cabell County Board of Education, (SD WV, Dec. 13, 2022), a West Virginia federal district court refused to dismiss a suit against a school, its principal and a substitute…

  6. Religion Clause

    Cross On Park Land Must Remain While State Court Reconsiders Its Eminent Domain Ruling

    By Howard Friedman

     In Lions Club of Albany, California v. City of Albany, (ND CA, Nov. 17, 2022), a California federal district court clarified its 2018 ruling in which it held that the city…

  7. Religion Clause

    Village Residents Lack Standing In Establishment Clause Challenge To Zoning Law

    By Howard Friedman

    In Citizens United to Protect Our Neighborhoods v. Village of Chestnut Ridge, New York, (SD NY, Sept. 30, 2022), a New York federal district court dismissed for lack of standing…

  8. Religion Clause

    Courtroom Invocations Did Not Violate Establishment Clause

    By Howard Friedman

    In Freedom From Religion Foundation v. Mack, (5th Cir., Sept. 29, 2022), the U.S. 5th Circuit Court of Appeals held that a program devised by a Justice of the Peace under which…

  9. Religion Clause

    11th Circuit Remands Establishment Clause Case That Had Relied On Lemon Test

    By Howard Friedman

    In Rojas v. City of Ocala, Florida, (11th Cir., July 22, 2022), the U.S. 11th Circuit Court of Appeals vacated and remanded a district court's Establishment Clause decision that had relied…

  10. Religion Clause

    Lesson On Ancient Mesopotamia Did Not Violate Establishment Clause

    By Howard Friedman

    In Ervins v. Sun Prairie Area School District, (WD WI, July 1, 2022), a Wisconsin federal district court rejected a claim that a 6th-grade lesson on ancient Mesopotamia which called on…