Religion Clause

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

Wednesday, September 30, 2026

New York Mayor Releases Strategy to Combat Antisemitism

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New York City Mayor Zohran Mandani released a 33-page report ( full text ) titled Tackling Hate: The Mamdani Administration's Strategy t...

9th Circuit Refuses En Banc Review of Decision Allowing Transfer of Apache Holy Area to Copper Mining Company

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In the long-running litigation over the transfer of 2500 acres of National Forest land that includes Apache ceremonial religious ground to R...

Employer's Religious Refusal to Cover Gender Dysphoria in Its Health Plan May Violate Title VII, But Not ADA

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In Bernier v. Turbocam, Inc. , (D NH, Sept. 28, 2026), Lillian Bernier, a transgender woman, sued her employer because the company refused t...
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 ...
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