News & Analysis as of

Religious Discrimination First Amendment

Kelley Drye & Warren LLP

Dershowitz v. Good Pierogi: Does Alan Dershowitz Have a Discrimination Claim for ​“PierogiGate”?

Alan Dershowitz, retired Harvard Law professor and former attorney for Jeffrey Epstein and President Trump, has made some headlines over the past week over his feud with a pierogi vendor on Martha’s Vineyard. According to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Federal Religious Expression and Accommodations Guidance May Impact Private Employers

In July 2025, the U.S. Office of Personnel Management (OPM) issued two important memos regarding religious accommodations and religious expression in federal workplaces. ...more

Steptoe & Johnson PLLC

U.S. Supreme Court Supports Religious Exemption for Catholic Charities in Wisconsin

Steptoe & Johnson PLLC on

The U.S. Supreme Court (SCOTUS) recently determined that religious discrimination occurs when legal criteria discriminate between religions based on their “theological practices” or “inherently religious choices” as opposed...more

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

Shipman & Goodwin LLP

Supreme Court Addresses Religious Opt-Outs for LGBTQ-Inclusive Curricular Materials in Elementary Schools

Shipman & Goodwin LLP on

The Supreme Court’s recent decision in Mahmoud v. Taylor has raised new considerations for districts faced with requests from parents to excuse students from instruction they believe is at odds with their religious beliefs. ...more

Sands Anderson PC

What Now? Recent SCOTUS Decision Leaves School Divisions With More Questions Than Answers

Sands Anderson PC on

The U.S. Supreme Court recently ruled that a school division’s use of LGBTQ+-inclusive storybooks without allowing parental opt-outs unconstitutionally burdened religious freedom. This decision raises significant questions...more

Poyner Spruill LLP

U.S. Supreme Court Requires Public Schools to Allow Parental Opt-Outs from Lessons that Substantially Interfere with Children’s...

Poyner Spruill LLP on

On June 27, 2025, the United States Supreme Court issued its decision in Mahmoud v. Taylor, 606 U.S. ___ (2025), holding that the Montgomery County Board of Education’s introduction of LGBTQ+-inclusive storybooks into its...more

Fisher Phillips

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

Fisher Phillips on

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

Freeman Law

89th Texas’ Senate Bill 10 – The (Unconstitutional) Ten Commandments Bill

Freeman Law on

Preamble to the U.S. Constitution (and this Insights Blog). We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,...more

Adams & Reese

Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

Adams & Reese on

On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...more

Bond Schoeneck & King PLLC

Religious Charter Schools Continue to be Impermissible…for Now

The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state...more

Baker Donelson

The Supreme Court Declines to Require Religious Charter Schools

Baker Donelson on

In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2025

Dorsey & Whitney LLP on

On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more

Akin Gump Strauss Hauer & Feld LLP

Establishment of the Religious Liberty Commission (Trump EO Tracker)

Establishes Religious Liberty Commission (Commission) with the stated intent of protecting the free exercise of religion. The Commission shall be composed of up to 14 members appointed by the President and shall include...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Rumberger | Kirk

Supreme Court Appears Split on Whether to Approve Religious Charter School

Rumberger | Kirk on

On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more

Allen Matkins

Can Common Interest Communities Ban Religious Displays On Doors And Doorframes?

Allen Matkins on

The Nevada legislature is currently considering a bill, SB 201, that would restrict, with certain exceptions, an association or unit’s owner who rents or leases his or her unit from prohibiting a unit’s owner or occupant of a...more

Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

Meyers Nave on

On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

Mintz - Employment Viewpoints

New York Employers Must (Again) Provide Reproductive Health Notice of Rights in Employee Handbooks Following Second Circuit Ruling

New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Revives New York Reproductive Health Bias Law’s Notice Requirement for Employee Handbooks

On January 2, 2024, the U.S. Court of Appeals for the Second Circuit reinstated the New York Reproductive Health Bias Law’s requirement that New York State employers include a notice in their employee handbooks regarding the...more

Jackson Lewis P.C.

Department of Education Issues Guidance for Title VI Compliance in Response to Increased Complaints

Jackson Lewis P.C. on

In response to increases in discrimination complaints, the Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race,...more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Finds City of Mobile Violated Religious Freedom Laws

The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more

Holtzman Vogel Baran Torchinsky & Josefiak

Holtzman Vogel Supreme Court Review, October Term 2022

By: Jason Torchinsky, Ed Wenger, Jan Baran, Jonathan P. Lienhard, Kent Safriet, and David Brown The Supreme Court wrapped up its decisions from the October 2022 Term, with a blockbuster final week addressing issues like...more

Robinson+Cole RLUIPA Defense

Fourth Circuit: Church Seeking to Operate as Brewery or Farm Winery Did Not State RLUIPA Claim

The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more

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