News & Analysis as of

First Amendment Anti-Discrimination Policies Religious Beliefs

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

Husch Blackwell LLP on

Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

Saiber LLC

New Jersey Issues Guidance on Discrimination Law Following Supreme Court’s Decision on LGBTQ+ Rights

Saiber LLC on

The New Jersey Division of Civil Rights (DCR) recently issued guidance on how the DCR will enforce the New Jersey Law Against Discrimination following the U.S. Supreme Court’s decision in 303 Creative LLC v. Elenis....more

Miles & Stockbridge P.C.

ICYMI: SCOTUS Decides 303 Creative, LLC v. Elenis

On June 30, 2023, the Supreme Court rendered its long-awaited decision in 303 Creative LLC v. Elenis, holding that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs that would...more

Morgan Lewis

Antidiscrimination Laws Cannot Compel Businesses to ‘Express’ Messages They Disagree With

Morgan Lewis on

The US Supreme Court on June 30 sided with a website designer who claimed the First Amendment shielded her from liability under state civil rights laws for refusing to create wedding websites for same-sex couples....more

Jackson Lewis P.C.

U.S. Supreme Court: First Amendment Entitled ‘Expressive’ Web Designer to Refuse Service to Same-Sex Couples

Jackson Lewis P.C. on

Colorado’s Anti-Discrimination Act (CADA) constituted an impermissible infringement on its citizens’ First Amendment right to freedom of speech, as the Act could compel individuals and businesses to engage in speech with...more

Cozen O'Connor

AG Healey Leads Coalition Filing Anti-Discrimination Brief

Cozen O'Connor on

Massachusetts AG Maura Healey, leading a coalition of nineteen states and the District of Columbia, filed an amicus curiae brief defending the constitutionality of New York’s anti-discrimination law in an appeal to the Second...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

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