Topic
Establishment Clause
217 published works
Religion Clause
7th Circuit OK’s Nativity Scene In Christmas Display
In Woodring v. Jackson County, Indiana, (7th Cir., Feb. 2, 2021), the U.S. 7th Circuit Court of Appeals, in a 2-1 decision, upheld the constitutionality of a nativity scene as…
Religion Clause
Jail’s "God-Pod" Program Violates Establishment Clause
In Young v. Newton, (ED VA, Oct. 16, 2020), a Virginia federal district court, while rejecting a number of claims by Muslim inmates, held that the Riverside Regional Jail Authority…
Religion Clause
6th Circuit: Settlement In Long-Running Baptist Children’s Home Case Is Unenforceable
In Pedreira v. Sunrise Children's Services, Inc., (6th Cir., Sept. 2, 2020), the U.S. 6th Circuit Court of Appeals, in an Establishment Clause case that has been in litigation for 20…
Religion Clause
Establishment Clause Challenge To BLM Mural Dismissed For Lack of Standing
In Penkoski v. Bowser, (D DC, Aug. 21, 2020), the D.C. federal district court dismissed for lack of standing a suit filed by a pastor and two lobbyists challenging the two-block…
Religion Clause
Suit Says Chicago Schools Program Promoted Hindu Beliefs
Organizations comprised of parents, students and churches this week filed suit in an Illinois federal district court challenging on Establishment Clause and free exercise grounds the "Quiet Time" program that…
Religion Clause
Recent Articles of Interest
From SSRN:Mark Storslee, Church Taxes and the Original Understanding of the Establishment Clause, (169 University of Pennsylvania Law Review, Forthcoming).Nadia Ahmad, Recognizing the Role of Religion in Environmental Legal Norms,…
Religion Clause
Maryland Stay-At-Home Orders Upheld Over Free Exercise and Other Challenges
In Antietam Battlefield KOA v. Hogan, (D MD, May 20, 2020), a Maryland federal district court rejected several constitutional challenges to Maryland Governor Larry Hogan's COVID-19 stay-at-home orders. Among the plaintiffs were…
Religion Clause
Waiver For Foster Care Agencies To Select Parents Using Religious Criteria Violates Establishment Clause
In Rogers v. U.S. Department of Health and Human Services, (D SC, May 8, 2020), a South Carolina federal district court refused to dismiss Establishment Clause and sexual orientation discrimination…
Nonprofit Law Prof Blog
Brunson, God Is My Roommate?
Happy March! To start my week here at the Nonprofit Law Prof Blog, I'm going to do some shameless self-promotion. I recently posted God Is My Roommate? Tax Exemptions for Parsonages…
Religion Clause
11th Circuit: Pensacola Cross May Stay
In Kondrat'yev v. City of Pensacola, Florida, (11th Cir., Feb. 19, 2020), the U.S. 11th Circuit Court of Appeals, in a case with a complicated procedural history, held that a 34-foot…