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First Amendment › Religious Exemption

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 -
Fisher Phillips

Non-Profit Snapshot: 4 Things Non-Profits Need to Know About SCOTUS’s Religious Tax Exemption Ruling

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Welcome to this edition of the FP Non-Profit Snapshot, where we take a quick look at a recent significant legal development with an emphasis on how it impacts non-profit organizations. This edition focuses on a landmark...more

Fisher Phillips

SCOTUS Delivers a Win to Religious Organizations Seeking Certain Tax Exemptions: What Religious Schools Need to Know

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A recent Supreme Court ruling could have significant implications for religious schools and other nonprofit organizations seeking tax exemptions under state unemployment compensation systems. What standard will be applied to...more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

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In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

Holland & Knight LLP

Religious Institutions Update: July 2023

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Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

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If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

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When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more

Holland & Knight LLP

Religious Institutions Update: July 2022

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Maine Scholarship Program Excluding Sectarian Schools Unconstitutional. In Carson v. Makin, 142 S.Ct. 1987 (2022), the U.S. Supreme Court struck a tuition assistance program that requires school districts to transmit payment...more

Holland & Knight LLP

Religious Institutions Update: February 2022

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Religious Exemption to States' Mandatory Vaccination Statute Not Necessary In Does 1-6 v. Mills, No. 1:21-cv-00242, 2021 WL 4783626 (D. Me. Oct. 13, 2021), the court denied injunctive relief to plaintiff healthcare workers...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

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Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

Jackson Lewis P.C.

University Policy Mandating COVID-19 Vaccines for Student-Athletes Blocked by Sixth Circuit

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As vaccination mandates continue to be a topic of discussion and discord in the workplace, the world of college athletics is not exempt from similar mandatory vaccine controversy. The First Amendment rights of 16...more

Husch Blackwell LLP

Legal Considerations for Religious Leaders Faced with Religious Exemption Requests

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Husch highlights- •In the context of vaccine mandates and religious exemption requests, religious employers and faith leaders continue to receive religious exemption requests relating to vaccine mandates or requests to...more

ArentFox Schiff

US District Court Grants TRO Barring New York From Excluding Religious Exemptions For COVID-19 Vaccine Mandate

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On September 14, 2021, District Court Judge David N. Hurd of the Northern District of New York granted a temporary restraining order (TRO) barring the New York State Department of Health (DOH) from enforcing the vaccine...more

Bricker Graydon LLP

University vaccine mandate constitutionality: A review of the US Seventh Circuit’s IU decision

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In a succinct decision issued earlier this week, the United States Court of Appeals for the Seventh Circuit (including states Illinois, Indiana and Wisconsin) refused to issue an injunction pending the outcome of a...more

Holland & Knight LLP

Religious Institutions Update: July 2021

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Ministerial Exception Doctrine Bars Minister-on-Minister Hostile Work Environment Claim In Demkovich v. St. Andrew the Apostle Parish, Calumet City, No. 19-2142, 2021 WL 2880232 (7th Cir. July 9, 2021), the U.S. Court of...more

Bricker Graydon LLP

Title IX religious exemption is being challenged by class action lawsuit

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Title IX has long had an exemption for religious institutions, which was put in place to protect religious rights under the First Amendment. That exemption is now coming under fire. In Hunter v. U.S. Department of Education,...more

Steptoe & Johnson PLLC

Key Court Decisions Address Issues Concerning the Application of Title IX

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Professor’s Classroom Speech Deemed Protected - In a case involving questions regarding the application of Title IX to classroom instruction, the Sixth Circuit Court of Appeals reasoned that a university’s gender-identity...more

Franczek P.C.

How Religious are You? Catholic University Withdraws Recognition from Union Claiming Religious Exemption

Franczek P.C. on

The Sunshine State will once again be the center of national attention in what could be one of the first battles before the Biden NLRB regarding the ever-shifting issue of the Board’s jurisdiction over religious educational...more

Saul Ewing LLP

Education Department Issues Final Rule Focusing on Free Speech on Campus and Equal Treatment of Faith-Based Institutions

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On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more

Hogan Lovells

United States Supreme Court recognizes employer religious freedoms in two recent decisions

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On July 8, 2020, the United States Supreme Court decided two cases addressing employers’ religious freedoms in very different contexts: one concerning whether religious school teachers could challenge adverse employment...more

Franczek P.C.

SCOTUS Gives Religious Exemptions Wide Berth in Two Key Employment Rulings

Franczek P.C. on

On July 8, the U.S. Supreme Court issued two 7-2 decisions involving religious exemptions to federal employment and benefits laws....more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

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Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

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Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

Bradley Arant Boult Cummings LLP

Down Goes HB 1523: Judge Reeves Enjoins Mississippi from Enacting Controversial Religious Freedom Law

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Late Thursday last night, Judge Carlton Reeves, United States District Court for the Southern District of Mississippi, entered a 60-page order striking down HB 1523, Mississippi’s controversial “Protecting Freedom of...more

Hinshaw & Culbertson LLP

The Deadly 4-4 SCOTUS Split: What Happens in the Wake of Justice Scalia's Death

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With the Supreme Court coming out of recess today, the practical implications of Justice Scalia's death will become more apparent. Justice Scalia's death last week has a tremendous impact on the upcoming sessions of the...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review Additional ACA Birth Control Mandate Cases

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Last week, the U.S. Supreme Court agreed to hear the consolidated appeals of seven cases involving employer provision of birth control under the Affordable Care Act. In its 2013 Hobby Lobby case, the Court concluded that the...more

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