Category: Free Exercise Clause

1720 Trinity Lutheran oral argument

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5361120/height/90/width/450/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/render-playlist/no/custom-color/c30000/” height=”90″ width=”450″ placement=”top”]The U.S. Supreme Court heard oral arguments in Trinity Lutheran Church v. Comer on April 19, 2017. The church is challenging Missouri’s exclusion of religious groups from the state’s grant program for playground surfaces. Josh speaks with Dave Roland of the Freedom Center of Missouri about the argument, the justices’ questions, and how the Court’s decision could affect religious organizations across the country.

Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri

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1719 Background on Trinity Lutheran v. Comer

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5340060/height/90/width/450/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/render-playlist/no/custom-color/c30000/” height=”90″ width=”450″]The U.S. Supreme Court is considering a case in which a church asserts that Missouri’s exclusion of religious organizations from a generally available grant program for playground surfaces violates the Free Exercise protection of the First Amendment and Equal Protection clause of the Fourteenth Amendment in the U.S. Constitution.

To discuss the background of the case, Josh interviews Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri.

Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri

Continue reading “1719 Background on Trinity Lutheran v. Comer” →

1714 Religious Exemptions to Legal Requirements

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5210018/height/90/width/450/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/render-playlist/no/custom-color/c30000/” height=”90″ width=”450″]American law has many protections of religious freedom. Among these are various means by which religious people and organizations can seek exemptions from otherwise-applicable legal requirements when those rules would burden their religious beliefs. This episode discusses the development of those exemptions under the First Amendment, the federal Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, and state versions of the Religious Freedom Restoration Act. Continue reading “1714 Religious Exemptions to Legal Requirements” →

Ind. Ct. App: Indiana RFRA doesn’t exempt taxpayers

The Indiana Court of Appeals has held that Indiana’s Religious Freedom Restoration Act does not provide a conscientious exemption to paying taxes. The court reasoned that the state has a compelling interest in a uniform taxation system. The case is Tyms-Bey v. State, No. 49A05-1603-CR-439 (Ind. Ct. App. Jan. 13, 2017). Continue reading “Ind. Ct. App: Indiana RFRA doesn’t exempt taxpayers” →

5 Developments in Religion and Law since Law Meets Gospel started

Five years ago, I set out to try my hand at blogging about legal and related issues that religious groups face. I sought to help faith communities improve their grasp of the rules that govern them, organize themselves, and feel comfortable contacting a lawyer for help. The last five years have brought some very interesting developments at the intersection of law and religion, and the next five promise even more. I’ve enjoyed blogging, though I have not been as regular as I would like to be. I aim to change that in the coming months. I’ve also created some graphics to help you know right away that what you’re seeing is Law Meets Gospel. To mark the fifth birthday of this effort, below are five important developments in the law that affect faith communities. And then some other big news … .

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7th Cir: Notre Dame must submit form to avoid paying for contraceptives

The Seventh Circuit Court of Appeals affirmed the denial of Notre Dame’s request for court-ordered exception to the contraception mandate under the Affordable Care Act. The case had returned from the Supreme Court after the high court decided Hobby Lobby v. Sebelius. Find the decision here.

Judge Richard Posner wrote the forty-page majority opinion, with Judge David Hamilton writing a concurrence. Judge Joel Flaum dissented. Continue reading “7th Cir: Notre Dame must submit form to avoid paying for contraceptives” →

7th Circuit: Milwaukee Archdiocese’s cemetery trust fund not off limits from sex-abuse victims in bankruptcy court

 

In the
latest opinion interpreting the federal Religious Freedom Restoration Act
(RFRA), the Seventh Circuit concluded that the 1993 law does not require the
court to exclude a $55 million cemetery trust fund from the Archdiocese of
Milwaukee’s bankruptcy estate. The case, Listecki v. Official Committee of Unsecured Creditors,
involves the question of whether a 2008 transfer of the money from the
archdiocese’s general fund to a newly created trust.

Continue reading “7th Circuit: Milwaukee Archdiocese’s cemetery trust fund not off limits from sex-abuse victims in bankruptcy court” →