Religion Clause

Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.

Tuesday, September 29, 2026

Court Rejects Religious Challenge to Nebraska's Ban on Midwives Attending Home Births

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In Tvrdy v. Hilgers ,  (D NE, Sept. 26, 2026), a Nebraska federal district court upheld a state law prohibiting certified nurse midwives (CN...

Ohio Legislators Lack Standing to Claim Reproductive Rights Amendment to State Constitution Is Invalid

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In Dean v. Yost ,  (OH Com. Pl., Sept. 22, 2026), two members of the Ohio state legislature and a city council member sued contending that t...

North Dakota Supreme Court Upholds State's Ban on Gender-Affirming Care for Minors

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In T.D. v. Wrigley ,  (ND Sup. Ct., Sept. 17, 2026), the North Dakota Supreme Court rejected a facial attack on North Dakota's ban of bo...
Monday, September 28, 2026

6th Circuit: Tennessee's Ban on Recruiting a Minor to Obtain an Abortion Is Unconstitutional

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In Welty v. Dunaway , (6th Cir. Sept. 24, 2026), the U.S. 6th Circuit Court of Appeals in a 2-1 decision held unconstitutional both as appli...

Recent Articles of Interest

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From SSRN: Northon Salomão De Oliveira, Constitutional Agnosticism: The Secular State, Epistemic Abstention, and the Legal Impossibility of ...

Ohio Pastor's Conviction for Fire Code Violations Reversed and Remanded

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In State of Ohio v. Avell ,  (OH App., Sept. 25, 2026), an Ohio state appellate court reversed the criminal conviction of Christopher Avell,...
Friday, September 25, 2026

Justice Department Brief Says Johnson Amendment Violates Church Autonomy Doctrine When Applied to Sermons

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As previously reported , a Texas federal district, citing the Tax Anti-Injunction Act, refused to enter a consent judgment in a suit by reli...

Oklahoma Cannot Require State-Funded Charter Schools to Be Secular

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In National Ben Gamla Jewish Charter School Foundation v. Shellem , (WD OK, Sept. 24, 2026) , an Oklahoma federal district court issued a pr...
Thursday, September 24, 2026

Dispute Over Access to A Rabbinical Court Lands on Supreme Court's Shadow Docket

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Last week, an Emergency Application ( full text ) was filed with the U.S. Supreme Court seeking a stay pending appellate review in Strulovic...

Homeschooling Parent Sues Over Discrimination Against Religious Homeschooling Materials

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Oregon's Hillsboro School District has a Homeschooling Partnership program that, among other things, reimburses homeschooling parents fo...

Injunction Pending Appeal Denied in Challenge to Maine's Vaccination Requirement for School Children

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As previously reported , earlier this month a Maine federal district court rejected free exercise and Establishment Clause challenges to Mai...
Wednesday, September 23, 2026

Whose Rule Governs Clergy-Communicant Privilege When the Communication Was Made in Another State?

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In Campbell v. State of Texas ,  (TX Ct. Cr. App., Sept. 17, 2026), the Texas Court of Criminal Appeals (the state's highest court for c...

8th Circuit Hears Arguments on Posting of 10 Commandments in Classrooms

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The U.S. 8th Circuit Court of Appeals yesterday heard oral arguments ( audio of full oral arguments ) in Samantha Stinson v. State of Arkans...

Trump Urged to Press Xi on Religious Freedom Issues at Tomorrow's Summit

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Tomorrow President Trump meets with China's leader President Xi Jinping who arrives today on a state visit to Washington. Last week, th...
Tuesday, September 22, 2026

EEOC Sues Frozen Snack Manufacturer Over Firing of Jewish Employee

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The EEOC announced yesterday that it has filed suit against the Texas-based Bell Creameries, Inc. charging it with religious discrimination ...
Sunday, September 20, 2026

President Trump Sends Yom Kippur Greetings

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Yom Kippur begins at sundown this evening. Today the White House posted a" Presidential Message on Yom Kippur" ( full tex t) which...

RLUIPA Does Not Apply to Addiction Treatment Center Imposed as Alternative to Criminal Sentence

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In Bryson v. Page , (SD GA, September 17, 2026), a Georgia federal district court dismissed RLUIPA, Establishment Clause and free exercise c...

Recent Articles of Interest

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From SSRN: Chagai Schlesinger, Autonomy Of Dependent Institutions: Church Autonomy After Carson V. Makin ,  (Utah Law Review, Forthcoming Sp...
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