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establishment clause

Christian Legal Society v. Martinez (Part 6): Does a Religious Organization Have Greater Constitutional Rights to Discriminate than Other Groups?

January 9, 2010

     In this final installment on this pending case I discuss whether or not a religious organization like CLS has a constitutional right to discriminate that is superior to the rights that other advocacy groups might have.

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Atheist Elected in North Carolina, Presenting an Easy Religious Freedom Case

December 15, 2009

     David Waters of the Washington Post reports that Cecil Bothwell, an atheist, was elected to city council in Asheville, North Carolina, despite a provision of the North Carolina state constitution which provides that "any person who shall deny the being of the Almighty God" is disqualified from holding public office.  This presents an easy [...]

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Supreme Court 2009-2010 Term: (1) Salazar v. Buono – Cross on Public Land

October 26, 2009

     On October 7 the Supreme Court heard oral argument in the case of Salazar v. Buono, which involves the constitutionality of a cross that had been erected on public land.  More below.

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Rosado v. Bridgeport Diocese: Privacy, Freedom of Religion, and the Public's Right to Know

July 23, 2009

     On June 2, 2009, the Connecticut Supreme Court issued a ruling in the case of Rosado v. Bridgeport Roman Catholic Diocesan Corporation ordering the release of over 12,000 documents, previously under seal, describing how the Roman Catholic Diocese of Bridgeport, Connecticut, had handled allegations of sexual abuse in 23 separate cases.  On July 17 the [...]

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Gay Rights and the Free Exercise Clause: (2) State Action Doctrine

April 4, 2009

     Some religious conservatives contend that the recognition of equal rights for gays and lesbians violates their right to the free exercise of religion.  They claim that because they believe that homosexuality is a sin, that they therefore have the right to enact laws that make it a crime, or at least that they have [...]

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2008-2009 Supreme Court Term: (1) The Ten Commandments vs. the Seven Aphorisms

November 10, 2008

     Like many American towns, Pleasant Grove City, Utah, prominently displays a statue of the Ten Commandments in the town square.  Summum, a Gnostic religion headquartered in Utah, wishes to have a similar monument to the Seven Aphorisms of its own religion displayed there as well.  In the case of Pleasant Grove City v. Summum the Supreme [...]

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Does a religious group have the right to qualify for government funding despite discriminatory employment practices?

October 18, 2008

     Religious organizations discriminate on the basis of religion in their employment practices.  Christian churches employ ministers and priests, synagogues retain the services of rabbis, and mosques hire imams to perform religious duties.  In addition, for the most part, each individual sect hires clergy of the same sect to lead religious services – Methodists hire Methodists, Roman Catholics [...]

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The Supreme Court at the Tipping Point – Freedom of Religion

August 18, 2008

     The focus of one of the starkest ideological divisions on the Supreme Court and an area of law that may undergo dramatic change as a result of the 2008 presidential election is the interpretation of the Religion Clauses of the First Amendment.

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