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Religious Freedom
Free exercise, establishment questions, and conscience protections.
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Latest in Religious Freedom
Is There a Relationship Between the Bible and the Constitution?
4+ hour, 17+ min ago (194+ words) Podcast: Play in new window | Download (Duration: 14:26 — 20.0MB) What does the Bible have to do with the U.S. Constitution? Is there a separation of church and state? And how much of America’s constitutional system can be understood in light of biblical…...
Notre Dame Law School professors examine history, tradition, and the future of Establishment Clause litigation
7+ hour, 29+ min ago (751+ words) In Kennedy, however, the Supreme Court rejected the Lemon framework and instructed courts to look instead to “historical practices and understandings” when interpreting the Establishment Clause. Meiser said the shift created two significant questions for lower courts: how to treat…...
Justices weigh whether courts can hear property disputes when church and denomination split
7+ hour, 46+ min ago (931+ words) West Virginia Supreme Court justices considered the question of what happens when a local congregation wants to disaffiliate from its denomination but keep the church land, buildings and bank accounts. A major part of the legal battle is over whether…...
Whose Rule Governs Clergy-Communicant Privilege When the Communication Was Made in Another State?
23+ hour, 15+ min ago (298+ words) In Campbell v. State of Texas, (TX Ct. Cr. App., Sept. 17, 2026), the Texas Court of Criminal Appeals (the state's highest court for criminal cases) refused to grant review in a case posing the question of which state's rule on clergy-communicant privilege…...
DC Circuit sides with minister in battle over Capitol steps protests
1+ day, 6+ hour ago (435+ words) In a split decision, Trump appointee Neomi Rao ruled the Eastern Steps of the U.S. Capitol are a nonpublic forum and a “demonstration ban” was too restrictive under the First Amendment. WASHINGTON (CN) — A split D.C. Circuit panel ruled Tuesday…...
Court rejects Capitol Police rules on demonstrations on Capitol steps
1+ day, 12+ hour ago (389+ words) A federal appeals court in Washington on Tuesday threw out rules restricting protesters from the steps of the U.S. Capitol, finding that they violated the free speech rights of demonstrators. The 2-1 decision from the U.S. Court of Appeals for the District of…...
Protest Limits on Capitol Steps Curb Free Speech, Court Says (1)
1+ day, 59+ min ago (612+ words) US Capitol Police rules restricting public protests on the building’s eastern steps are unconstitutional, a federal appeals court held, ruling in favor of a Presbyterian minister who has sought to hold prayer vigils there. The majority of a three-judge panel…...
Second Circuit raises the bar for religious accommodation claims
1+ day, 11+ hour ago (403+ words) She got fired, got reinstated, won in court - then the legal test changed A court officer who refused a COVID-19 vaccine on religious grounds got fired, won at trial - then had that victory snatched away on appeal. The Second Circuit…...
DC Circuit Says Protest Restriction on Capitol Steps Violates 1st Amendment
1+ day, 7+ hour ago (210+ words) The restriction "unreasonably allows members of Congress to serve as gatekeepers of speech on the Eastern Steps," the appellate court held. "Because the protection of unpopular speech and advocacy is central to the First Amendment, we cannot leave it to…...
D.C. Circuit Rejects Limits on Capitol Steps Demonstrations
1+ day, 3+ hour ago (16+ words) Regulations limiting demonstrations on the Eastern Steps to those sponsored by members of Congress are unreasonable....