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First Amendment › Supreme Court of the United States › Religious Institutions

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

Eversheds Sutherland (US) LLP

Scope of tax exemption for religious entities: The Catholic Charities case

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On June 6, 2025, in a decision authored by Justice Sonia Sotomayor, the Supreme Court unanimously overturned a ruling of the Wisconsin Supreme Court, which denied Catholic Charities Bureau an exemption from the state’s...more

Epstein Becker & Green

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

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As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

Epstein Becker & Green

A Tie Goes to the Runner, a Common Law Extravaganza, and the Administration Gets a Break - SCOTUS Today

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Yesterday, an evenly divided 4–4 U.S. Supreme Court, with Justice Barrett having recused herself, decided in Oklahoma Statewide Charter School Board v. Drummond to leave in place the holding of the Oklahoma Supreme Court...more

Goldberg Segalla

New Jersey Supreme Court limits the LAD's reach as to religious institutions, but will it last?

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Key Takeaways - The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria...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

ArentFox Schiff

CMS Guidance on EMTALA and Abortion Raises New Issues for Hospital Emergency Services

ArentFox Schiff on

According to guidance published by the Centers for Medicare and Medicaid Services (CMS) on July 11, 2022, EMTALA, the Emergency Medical Treatment and Labor Act of 1986, requires hospitals to provide abortion services when...more

Goulston & Storrs PC

Making the Roster: Conflicting Title IX Interpretations Present Challenges for Transgendered Athlete Participation

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Nationwide, college athletic programs are facing a dilemma: can they roster transgendered athletes on teams that conform with their gender identity? The answer is: it depends on where the team is located....more

Seyfarth Shaw LLP

SCOTUS Rules in Unanimous Favor of Catholic Government Contractor That Refuses to Work With Same-Sex Couples

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Seyfarth Synopsis: The narrow but unanimous ruling in Fulton v. City of Philadelphia does little to clarify for employers the tensions between religious liberties and LGBTQIA anti-discrimination rights....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fulton v. Philadelphia

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On June 17, 2021, the U.S. Supreme Court decided Fulton v. Philadelphia, unanimously holding, with multiple concurring opinions, that Philadelphia violated a Catholic organization’s religious rights when it excluded that...more

Jackson Lewis P.C.

Supreme Court: Philadelphia Ordinance Unconstitutionally Burdened Religious Exercise

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The U.S. Supreme Court has found that Philadelphia’s ordinance requiring a private foster care agency to certify same-sex couples as foster parents burdened the agency’s religious exercise in violation of the Free Exercise...more

Bradley Arant Boult Cummings LLP

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

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It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rethinks Its Position on When It May Assert Jurisdiction Over Religious Schools in Labor Matters Involving Faculty...

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On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more

Dorsey & Whitney LLP

The Supreme Court - December 18, 2019

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Jackson Walker

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

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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

Baker Donelson

Nine Members Again, the Supreme Court Takes On Uneasy Relationship Between Church and State

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On June 26, 2017, the last day of its session, the Supreme Court issued what is likely to be one of its most significant rulings this year – and possibly for years to come – in the case of Trinity Lutheran Church of Columbia,...more

Hogan Lovells

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

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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

Holland & Knight LLP

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

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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

Mintz - Public Finance Viewpoints

Tax-Exempt Financing of Churches, Parochial Schools and Other Sectarian Institutions After Trinity Lutheran Church: Permitted? ...

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The U.S. Supreme Court’s June 26 opinion in Trinity Lutheran Church of Columbia, Inc. v. Comer, precluding states from discriminating against churches in at least some state financing programs, raises anew the question of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577

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On June 26, 2017, the U.S. Supreme Court decided Trinity Lutheran Church of Columbia, Inc. v. Comer, holding that, when the government offers a public benefit to organizations that meet specified criteria, the Free Exercise...more

Seyfarth Shaw LLP

Watching SCOTUS – ERISA Church-Plan Exemption Revisited

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Seyfarth Synopsis: Currently before the Supreme Court are two petitions regarding the thorny legal question of which organizations can qualify for ERISA’s Church-plan exemption. If the Supreme Court grants certiorari and...more

Holland & Knight LLP

Religious Institutions: September 2015

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Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more

Best Best & Krieger LLP

U.S. Supreme Court Affirms That Content-Based Sign Codes Violate The First Amendment

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Now, more than ever, local municipalities should review their municipal sign laws to ensure that signs are not being regulated based on their message. This is in the wake of the U.S. Supreme Court’s recent ruling that an...more

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