Category: Uncategorized
This year, in the 303 Creative and Groff cases, the U.S. Supreme court upheld the first amendment free exercise of religion and free speech rights of Christians. And that confirms there has probably never been a better time for religious freedom in the United States
Readers may recall that in its 2018 Masterpiece Cakeshop decision, the U.S. Supreme Court held that it violated the First Amendment rights to freely exercise religion—and to not be compelled to speak—for the Colorado bakery owner in that case, Jack Phillips, to be forced to create a specialized cake for a same-sex wedding. That is because such marriages violate his sincere religious beliefs. And the specialized cakes he creates are an act of First Amendment…
How to possibly get an unjust lawsuit based on decades-old alleged child sex abuse dismissed, even if your state repealed or extended the statute of limitations.
Many churches, religious schools, and other religious entities continue to be sued for child sex abuse allegedly committed by employees and volunteers. The good news is that sustained efforts by churches and religious schools in recent years to prevent children from being sexually abused—including implementation of a “two deep” policy—never allowing one child to be alone with just one adult—have been very effective in preventing abuse. But lawsuits involving alleged events decades ago continue to…
The Supreme Court overruling Roe v. Wade this year got most of the attention. But its decisions in favor of religious liberty in the Carson and Kennedy cases are even more important to people and institutions of faith.
As discussed below, and as you have likely heard, this year, the United States Supreme Court overruled the Roe v. Wade abortion decision. But concerning religious freedom rights, two other cases decided by the Supreme Court this year are more important. First, in the case of Carson v. Makin, in a victory for the “school choice” movement, the Supreme Court addressed a Maine law that provides tuition assistance to parents of students in rural areas…
In a huge victory for the pro-life movement, and the “originalist” legal movement, the Supreme Court overruled Roe v. Wade in June 2022.
In a major victory for the conservative and “originalist” legal movements, and the pro-life movement, in a case called Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled its 1973 decision in Roe v. Wade. Roe held, in spite of the word “abortion” not appearing in the Constitution, that there is a federal constitutional right to an abortion, so States could not outlaw abortion. Roe was based on prior Supreme Court cases finding an…
In 2021, John Kaempf won a historic first amendment legal victory for his client, the Christian owner of the Miss USA pageant, when a transgender female sued it to be allowed to compete in the pageant.
The case of Anita Green v. Miss USA Pageant involves the attempt by a transgender “female” to participate in the Miss USA pageant. A federal court accepted John Kaempf’s argument that under the freedom of association embodied in the First Amendment to the United States Constitution, the Christian owner of the Miss USA Pageant could not be forced to admit a transgender female into the pageant. The pageant’s preexisting rules state that contestants must be…
Under the “ministerial exception,” churches and religious schools are not liable for employment discrimination for not hiring LGBTQ persons if doing so is contrary to their sincere religious beliefs.
This year, in the case of Starkey Roman Catholic Archdiocese of Indianapolis, Inc., a federal appeals court—the Seventh Circuit in Indiana—affirmed the dismissal of an employment discrimination lawsuit brought by Ms. Lynn Starkey. She is a former guidance counselor at Roncalli High School, a Roman Catholic high school in Indianapolis. She sued after losing her job for entering a same-sex marriage. The dismissal of her lawsuit was based on the “ministerial exception” to employment discrimination claims….
5 Tips To Reduce The Risk Of Legal Liability Against Your Church Or Religious School
1. If you help operate a church or religious school, the safety of children is your first concern. Over the last decade, about 75% of churches and religious schools that got sued did so because of child safety issues. Churches and schools have a legal duty to protect children in their care from reasonably foreseeable risks of harm. So, churches and religious schools need to engage in due diligence when selecting staff and volunteers to…
There are several important religious freedom cases percolating through the courts nationwide, one or more of which may end up before the newly configured U.S. Supreme Court, which is now split 5 to 4 in favor of religious freedom. These cases give the Court the chance to uphold the First Amendment rights to freely exercise religion and engage in free speech.
In last year’s Masterpiece Cakeshop case, the U.S. Supreme Court narrowly ruled in favor of the Christian baker in Colorado who refused to specially bake a cake for a gay wedding based on his sincere religious beliefs. Shortly after the U.S. Supreme Court ruled in favor of Jack Phillips, the Christian owner of the Masterpiece Cakeshop bakery in Colorado, an attorney asked him to create a cake designed pink on the inside and blue on…
In March of this year, Justice Kavanaugh, joined by Justice Alito and Justice Gorsuch, stated they will oppose religious discrimination by the government.
In March of this year, in a case called Morris County v. Freedom From Religion Foundation, the U.S. Supreme Court, because the factual record was not properly developed, decided not to take a case involving religious discrimination. However, Justice Kavanaugh, joined by Justice Gorsuch and Justice Alito, stated that, when the factual record is complete, the Court should accept this case for review and rule against religious discrimination. This case involves a New Jersey Supreme…
In early 2019, in King v. Warner Pacific College, the Oregon Court of Appeals held that, under an Oregon statute, a Christian school can expressly discriminate against a job applicant on the basis of their religion, and can prefer applicants who are Christian. State statutes like these should be kept in mind because they supplement the First Amendment Constitutional right of Christian schools and churches to freely exercise their religion in the employment process.
Early this year, the Oregon Court of Appeals decided King v. Warner Pacific College. The plaintiff in that case is “of the Hebrew faith.” He sued the defendant, a Christian College, after he unsuccessfully applied to be an adjunct psychology professor. The College has a written policy requiring “each employee to affirm a personal faith in Jesus Christ.” Plaintiff refused to do that. Also, the College intends that “a Christian worldview be integrated into all…
National churches have a much stronger basis to be dismissed from a child sex abuse case based on the conduct of pastors or other local church agents, even if a local congregation faces liability. This is because of principles of agency law recognized even in anti-church states like Oregon.
Unfortunately, many churches and religious schools are facing multi-million dollar lawsuits based on child sex abuse that allegedly occurred, often decades ago, involving ministers, teachers, or other agents. But while the local church may face liability in such cases, national churches often have a complete defense based on principles of agency law. A corporate defendant is typically not vicariously liable for intentional torts like sexual battery of a child. But even in the few states…
With the addition of Justice Kavanaugh, the U.S. Supreme Court now has a 5 to 4 truly conservative majority for the first time in over 80 years. It will support religious freedom and seems poised to eventually strike down the federal rights to an abortion and gay marriage. that would send these issues back to the people and the states to decide. this is a big reason why his nomination was so contentious.
After much controversy, Justice Brett Kavanaugh was added to the U.S. Supreme Court this fall to replace Justice Kennedy, who retired. This is good news for supporters of (1) religious liberty; (2) the right to life; and (3) opponents of judicial activism, often called “legislating from the bench.” The nine-member Court now consists of a majority of 5 conservative Justices appointed by Republican presidents. This article will not delve into the 1980s sexual assault allegations…
One or more of the following four religious freedom cases might be decided by the U.S. Supreme Court in the next year.
The U.S. Supreme Court is currently considering whether to exercise its discretion to accept the following four religious liberty cases for review. In the law, this is called a “petition for certiorari.” If at least four of the nine Justices agree to accept one or more of these cases, they will be decided by the full Court in the 2018-2019 term. Patterson v. Walgreen Co. involves a Walgreens training instructor in Florida whose Seventhday Adventist…
This fall, Pope Francis invited bishops worldwide to an unprecedented meeting at the Vatican in February, 2019 concerning the needed response to the child sex abuse scandal engulfing the catholic church.
This fall, Pope Francis summoned bishops from around the world for an unprecedented three-day meeting at the Vatican in February, 2019 focused on protecting minors from sexual abuse by priests. Pope Francis has called for every president of the 114 Catholic bishops’ conferences of the world to meet at the Vatican to discuss the sexual abuse crisis. Holy See spokesperson Paloma García Ovejero said the meeting will be about the “prevention of abuse of minors…
Why all the fuss? New U.S. Supreme Court Justice Brett Kavanaugh publicly promised last year to be a conservative, “originalist” justice like his “first judicial hero,” former Chief Justice William Rehnquist, who dissented in Roe v. Wade. This puts the constitutional rights to an abortion and gay marriage in doubt.
In a speech last year to the conservative American Enterprise Institute, Justice Kavanaugh spoke for about an hour about his “first judicial hero,” the late Chief Justice William Rehnquist, who was appointed to the Supreme Court by President Nixon in 1972 and served on the Court for 33 years. Justice Kavanaugh confirmed his own “originalist” approach to interpreting the Constitution, stating that it is “a document of majestic specificity.” Its “specific words have meaning.” He…
In Masterpiece Cakeshop, the U.S. Supreme Court ruled for a Christian baker in Colorado who sells his goods to anyone, but refused to create a cake for a gay wedding due to his sincere religious beliefs. The Court, however, avoided deciding the broader first amendment legal issues. Oregon’s Sweetcakes By Melissa case, which involves less overt government hostility to religion than Masterpiece, may be the case that requires the Court to decide these issues for the nation.
In June, 2018, the U.S. Supreme Court decided Masterpiece Cakeshop v. Colorado Civil Rights Commission. In that case, two men came into the small Colorado bakery owned by Jack Phillips, a devout Christian, to order a customized cake for their same-sex wedding. Mr. Phillips sells his premade goods to anyone. He politely told the couple, however, that he would not (1) create a cake (2) for their gay wedding because of (3) his religious opposition…
In NIFLA v. Becerra, the U.S. Supreme Court held that a California law requiring pro-life Christian pregnancy centers to advise women that California provides free abortions violates their first amendment rights. This is a big win for supporters of the rights to free speech and to freely exercise religion.
In June, 2018, the U.S. Supreme Court, in a case called National Institute of Family and Life Advocates “NIFLA” v. Becerra, addressed a challenge to a California law called the Reproductive “FACT” Act. It was enacted to regulate crisis pregnancy centers. They are “pro-life (largely Christian belief-based) organizations” that “aim to discourage and prevent women from seeking abortions.” The FACT Act states that centers that do not perform abortions must provide this prominent, pre-written notice…
Supreme Court Justice Anthony Kennedy announced his retirement. President Trump nominated Federal Appellate Judge Brett Kavanaugh, an establishment conservative, to replace Justice Kennedy. Judge Kavanaugh will likely be confirmed because Republicans control the Senate at least until this November’s mid-term elections. However, a heated confirmation battle is expected. This is because he will change the balance of the court to a 5 to 4 generally conservative majority. This should positively affect religious freedom and free speech rights. It will also revive the debates over abortion and gay marriage.
Justice Kennedy announced his retirement this summer. He was a moderate “swing” voter. He was appointed by President Reagan in the 1980s and confirmed when Democrats controlled the Senate. He often provided the decisive fifth vote in groundbreaking cases. For example, he was the deciding vote in favor of gay marriage, and wrote the Obergefell majority opinion. In 1992, he rejected the opportunity to overturn Roe v. Wade and the right to an abortion. President…
Churches and Religious Schools Should Consider Having a Lawyer Review Their State’s Constitution and the State Appellate Cases Construing It To See If They Have Legal Protections Against Lawsuits Beyond Those Provided By The U.S. Constitution.
All 50 states have their own constitution. Religious entities should consider having a lawyer check the constitution of the state where they are located concerning its free exercise of religion and free speech protections, as well as state appellate cases interpreting these clauses. U.S. Supreme Court cases construing the U.S. Constitution grab the headlines. But state constitutions and the state appellate cases interpreting them should not be overlooked because they often provide greater protections to…
The important religious freedom issue raised by Oregon’s “Sweetcakes by Melissa” gay wedding-Christian bakery case will be decided in 2018 by the U.S. Supreme Court in a case from Colorado called “Masterpiece Cakeshop.”
Jack Phillips owns Masterpiece Cakeshop, a bakery in a small Colorado town. In the summer of 2012, two men came into his shop one afternoon asking him to make a cake for their gay wedding. Jack responded: “I’m sorry, but I can’t promote messages that violate my beliefs, though I’d be happy to sell you anything else.” Phillips has been a Christian for over thirty-five years and believes in Jesus Christ as his Lord and Savior….
In June 2017, the U.S. Supreme Court, in a case called “Trinity Lutheran Church,” held that churches cannot be excluded from neutral state programs for public benefit, and churches may directly receive state money from these programs.
On June 26, 2017, the U.S. Supreme Court issued its decision in a case entitled Trinity Lutheran Church v. Comer. By a 7–2 margin, with two liberal justices (Breyer and Kagan) joining the Court’s four conservative justices, including Justice Neil Gorsuch, who joined the Court this year, and “swing” Justice Kennedy, the Court held that when a state (Missouri in this case) creates a neutral program for public benefit — in this case, a program…
One or more additional U.S. Supreme Court vacancies could occur during President Trump’s at least one term in office.
This year, deceased U.S. Supreme Court Justice Scalia was replaced by Justice Neil Gorsuch, who was nominated by President Trump. Justice Gorsuch has already shown himself to be a supporter of religious freedom, as discussed elsewhere in this newsletter. Currently, the nine-member Court consists of 5 conservative justices and 4 liberal justices. Justice Kennedy is generally conservative, but is often an unpredictable “swing” vote. For example, he voted with the majority in the 2015 Obergefell…
Regardless Of What One Thinks of President Trump, Supporters of Religious Freedom Should Be Pleased By His Nomination of Judge Neil Gorsuch to the U.S. Supreme Court
As most readers undoubtedly know, this year, President Trump nominated Judge Neil Gorsuch to fill the vacancy on the U.S. Supreme Court left by last year’s death of Justice Scalia. Given Judge Gorsuch’s record, supporters of religious liberty should be pleased by his likely confirmation by the U.S. Senate to serve on the Supreme Court.
The Status of the “Sweetcakes by Melissa” Christian Bakery-Gay Wedding Case in Oregon
Readers of this newsletter likely know that in 2015, shortly after the U.S. Supreme Court’s decision that legalized gay marriage nationwide, Brad Avakian, Oregon’s BOLI (Bureau of Labor and Industries) Commissioner, issued his Final Order in a BOLI case entitled In the Matter of Melissa Elaine Klein, dba Sweet Cakes by Melissa.
The First Three Things To Do If Your Religious Organization Is Faced With A Sex Abuse Claim
Unfortunately, child sex abuse claims against religious organizations, valid and invalid, have greatly increased over the last two decades. There are three important things to do first if your church, religious school, or other religious organization is faced with a child sex abuse claim. First, immediately contact an attorney and any insurance company that may provide coverage for the claim and ask that the insurer provide coverage. This is known as “tendering” your defense to…
