News & Analysis as of July 24, 2025

First Amendment › Churches › Constitutional Challenges

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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 -

Understanding the Proposed IRS Settlement Regarding the Johnson Amendment and Churches’ Political Speech Rights

Lathrop GPM on 7/22/2025

To settle a case challenging the Johnson Amendment, the IRS has proposed to allow at least two churches to endorse candidates from the pulpit. This proposal has received widespread attention, but many questions remain...more

Religious Institutions Update: January 2023

Holland & Knight LLP on 1/10/2023

Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more

Unprecedented: COVID-19 Litigation Trends, Issue 8

Spilman Thomas & Battle, PLLC on 5/28/2020

This eighth edition of Unprecedented, our weekly update on COVID-19-related litigation, follows what we hope was a restful and meaningful Memorial Day weekend. For the third week in a row, shutdown challenges, workers'...more

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on 1/4/2019

Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

Islamic Community Center Denied Variance Needed to Operate Mosque; Files Lawsuit Against Michigan City

Robinson+Cole RLUIPA Defense on 11/21/2018

Earlier this month, an Islamic community center filed suit against the City of Troy, Michigan (“City”) after the City denied the group’s application for a variance needed to operate a mosque at the property it owns in the...more

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 9/26/2018

Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Does FEMA Unconstitutionally Deny Relief to Churches? President Trump Thinks So And He May Be Right

Jackson Walker on 9/15/2017

Hurricane Harvey’s devastation has impacted thousands of people and businesses throughout Texas. Private nonprofits and religious organizations have been playing key roles in providing emergency relief to those who have been...more

U.S. Supreme Court Forbids Exclusion of Churches from State Grant Program

Hogan Lovells on 7/5/2017

On June 26, 2017, in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court held unconstitutional under the Free Exercise Clause Missouri’s refusal to award a playground resurfacing grant to a church. The...more

Supreme Court: Public Benefit Programs Cannot Exclude Churches Solely Because They Are Religious

Holland & Knight LLP on 6/28/2017

In Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577 (June 26, 2017), the U.S. Supreme Court ruled 7-2 that excluding a church from a public benefit program for which it is otherwise qualified violates the Free...more

The Supreme Court - June 26, 2017

Dorsey & Whitney LLP on 6/27/2017

The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more

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