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Supreme Court of the United States › First Amendment › Freedom of Religion

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Cranfill Sumner LLP

Fourth Circuit Expands Exception for Religious Employees

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On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote the majority opinion....more

Harris Beach PLLC

The SCOTUS Kennedy v. Bremerton Decision: Where Friday Night Lights and Freedom of Religion Converge

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In its Kennedy v. Bremerton School District decision, the U.S. Supreme Court has made a bold move that seems to disregard established precedent and leaves school district administrators and boards puzzled as to how best to...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

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In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] The 2021 SCOTUS Wrapup and Preview Episode

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In this episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath review the 2020 Supreme Court Term and preview the big cases and topics in the October 2021 Term. Among the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Tandon v. Newsom

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On April 9, 2021, the Supreme Court held in Tandon v. Newsom that California’s limitations on religious gatherings in homes likely violate the Free Exercise Clause of the First Amendment. The Court therefore enjoined...more

ArentFox Schiff

Supreme Court to Hear Challenge to Nonprofit Donor Disclosure Case

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Currently, charities are only required to disclose the names of their major donors to the IRS – which must keep them under seal – on federal Schedule B. The Supreme Court is set to schedule arguments in April for two...more

Best Best & Krieger LLP

During a Pandemic, is a Grocery Store Run the Same as a Baptism Under the 1st Amendment?

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SCOTUS Sets Aside New York Limits on Religious Gatherings- The U.S. Supreme Court’s decision to halt, on First Amendment grounds, enforcement of New York’s COVID-19-related restrictions on indoor worship services...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Orders Preliminary Injunction in Roman Catholic Diocese of Brooklyn v. Cuomo

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On November 25, 2020, the U.S. Supreme Court ordered a preliminary injunction in Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, holding that New York may not enforce 10- or 25-person congregation-size limits on...more

Seyfarth Shaw LLP

Supreme Court Temporarily Halts Enforcement of New York’s COVID-related Occupancy Limits on Worship Services

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Seyfarth Synopsis: On the eve of Thanksgiving, the Supreme Court granted various religious groups’ request to temporarily block enforcement of an Executive Order issued by the Governor of New York that imposes occupancy...more

Polsinelli

The U.S. Supreme Court Expands Protection for Religious Employers Against Discrimination Claims

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On July 8, 2020, the United States Supreme Court expanded the “ministerial exception” – a legal doctrine that exempts religious employers from certain discrimination laws in Our Lady of Guadalupe School v. Morrissey-Berru. ...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Bond Schoeneck & King PLLC

Supreme Court Applies "Ministerial Exception" to Teachers at Religious Schools

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On July 8, 2020, the Supreme Court analyzed the ministerial exception for employees who allege employment discrimination claims for the first time in nearly a decade when it issued its decision in Our Lady of Guadalupe School...more

Bradley Arant Boult Cummings LLP

Administering the Ministerial Exception: The Supreme Court Expands the Defense in Employment Cases

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Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-­Berru, the Supreme Court expanded the ministerial exception that...more

Stoel Rives LLP

U.S. Supreme Court Affirms Religious Freedom in Government Benefits and Employment Decisions

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In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

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On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Foley & Lardner LLP

U.S. Supreme Court Broadens Religious Employer Defense in Employment Discrimination Lawsuits

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On July 8, 2020, in a 7-2 opinion, the U.S. Supreme Court in Our Lady of Guadalupe Sch. v. Morrissey-Berru issued a victory for religious employers, seeking to limit the application of federal anti-discrimination laws. The...more

Amundsen Davis LLC

U.S. Supreme Court Extends The “Ministerial Exception” To Teachers At Religious Elementary Schools

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On July 8, 2020 the United States Supreme Court ruled that the U.S. civil rights laws barring discrimination on the job do not apply to most lay teachers at religious elementary schools. The decision extends earlier Supreme...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Backs Broad Interpretation of the “Ministerial Exception,” Shielding Religious Employers From Employment...

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On July 8, 2020, the Supreme Court gave religious employers wide leeway to hire and fire employees whose duties include religious instruction without having to worry about employment discrimination suits. In a 7-to-2...more

Holland & Knight LLP

Supreme Court: Ministerial Exception Bars Teachers' Age and Disability Discrimination Claims

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The U.S. Supreme Court ruled 7-2 in Our Lady of Guadalupe School v. Morrissey-Berru, Nos. 19-267 and 19-348 (July 8, 2020), that the First Amendment ministerial exception doctrine bars courts from entertaining an age or...more

McGuireWoods LLP

U.S. Supreme Court Broadens Ministerial Exemption to Employment Discrimination Claims

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By a vote of 7-2, the U.S. Supreme Court held on July 8, 2020, that the “ministerial exception” under the religion clauses of the First Amendment forecloses employment-discrimination claims against religious schools by...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

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In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Miles & Stockbridge P.C.

The Supreme Court Expands Employers’ Religious Freedom

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On July 8, 2020, the Supreme Court of the United States issued two new opinions applying First Amendment religious rights to employers. The first case, Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267 (July 8,...more

McAfee & Taft

SCOTUS blesses expansion of ‘ministerial exception’ for religious schools – McAfee & Taft

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Does a teacher at a religious school have the right to bring suit for employment discrimination against her employer in civil court? Or does the U.S. Constitution’s Freedom of Religion Clause shield religious employers from...more

Bricker Graydon LLP

U.S. Supreme Court expands “ministerial exception” for religious organizations

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The U.S. Supreme Court issued a decision in another high-profile case, Our Lady Guadalupe School v. Morrissey Berru, expanding the “ministerial exception” to foreclose employment discrimination claims brought by two Catholic...more

Miller Canfield

U.S. Supreme Court Broadens Application of Ministerial Exceptions in Employment Discrimination Lawsuits

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On July 8, 2020, the Supreme Court, in Our Lady of Guadalupe School v. Morrissey-Berru, held that the First Amendment bars courts from considering employment discrimination claims brought by teachers against their faith-based...more

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