Topic
Establishment Clause
217 published works
Religion Clause
Deed Restriction Does Not Violate Establishment Clause
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,…
Religion Clause
Certiorari Denied in Challenge to Police Department Prayer Vigil
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…
Religion Clause
4th Circuit: Muslim Inmate’s Free Exercise Claim Rejected; Establishment Clause Claim Remanded
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…
Appellate Advocacy Blog
Christmas and the Law
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…
Religion Clause
Suit Challenging School’s Scheduling of Revival As An Assembly May Move Ahead
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…
Religion Clause
Cross On Park Land Must Remain While State Court Reconsiders Its Eminent Domain Ruling
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…
Religion Clause
Village Residents Lack Standing In Establishment Clause Challenge To Zoning Law
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…
Religion Clause
Courtroom Invocations Did Not Violate Establishment Clause
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…
Religion Clause
11th Circuit Remands Establishment Clause Case That Had Relied On Lemon Test
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…
Religion Clause
Lesson On Ancient Mesopotamia Did Not Violate Establishment Clause
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…