Topic
Establishment Clause
217 published works
Religion Clause
After 20 Years Of Litigation, Suit On Religion In Child Placement Is Settled And Dismissed
This week, a Kentucky federal district court dismissed the remaining Establishment Clause claim in Pedreira v. Sunrise Children's Services, Inc., (WD KY, Sept. 8, 2021), after both plaintiffs and defendants filed…
Religion Clause
10th Circuit: Parolee May Move Ahead In Suit Challenging His Placement In Christian Housing
In Janny v. Gamez, (10th Cir., Aug. 6, 2021), the U.S. 10th Circuit Court of Appeals held that a parolee, who is an atheist, should be able to move ahead with…
Religion Clause
Satanic Temple Can Move Ahead With Establishment Clause Claim As To Invocation Denial
In The Satanic Temple, Inc. v. City of Boston, MA (D MA, July 21, 2021), a Massachusetts federal district court refused to dismiss an Establishment Clause challenge to Boston's City Council…
Religion Clause
Plaintiffs Lack Standing To Challenge "Black Lives Matter" Mural As Establishment Clause Violation
In Penkoski v. Bowser, (D DC, July 12, 2021), the D.C. federal district court held that a Black Lives Matter mural painted on DC streets was government speech, rejecting plaintiffs' claim…
Religion Clause
5th Circuit: Courtroom Invocations Do Not Violate Establishment Clause
In Freedom From Religion Foundation, Inc. v. Mack, (5th Cir., July 9, 2021), the U.S. 5th Circuit Court of Appeals granted a stay pending appeal of a Texas district court's declaratory…
Religion Clause
Random COVID Screening In Parochial Schools Not An Establishment Clause Violation
In In re King v. Board of Education of the City School District of the City of New York, (App. Div., June 24, 2021), a New York appellate court upheld randomized in-school Covid-19…
Religion Clause
Suit Challenges "In God We Trust" On Mississippi License Plates
Suit was filed yesterday in a Mississippi federal district court by atheist and secular humanist plaintiffs challenging the constitutionality of Mississippi including the state seal-- which carries the motto "In…
Litigators at Work
Balancing Public Employees’ Religious Rights with the Establishment Clause
By Hilary A. Williams, Deverie J. Christensen
When it comes to striking a balance between the religious rights of government employees and the government’s duty to avoid Establishment Clause violations, “context matters.” In Kennedy v. Bremerton School…
Religion Clause
9th Circuit: Football Coach’s Past-Game Prayers Violate Establishment Clause
In Kennedy v. Bremerton School District, (9th Cir., March 18, 2021), the U.S. 9th Circuit Court of Appeals upheld a Washington state school board's dismissal of a high school football coach…
Religion Clause
Humanist Organization Lacks Standing To Challenge Texas Ban On Secular Marriage Celebrants
In Center for Inquiry, Inc. v. Warren, (5th Cir., Feb. 10, 2021), the U.S. 5th Circuit Court of Appeals dismissed for lack of standing a suit by a secular humanist organization…