The #FreeExercise clause prohibits the
govt from interfering wi/the right of individuals to practice #religion, while the establishment clause prevents the govt from establishing an official religion or favoring faith over nonbelief.
“This #Oklahoma case is the potential culmination of the Roberts court effort to cast the free-exercise clause in the starring role in our constitutional order, & offer the establishment clause only a cameo,”Driver said.
The NLRB has concluded that it cannot force religious universities to recognize unions, and Marquette refuses to do so. But how can Marquette have a religious objection to unions when other Catholic universities voluntarily permit them?
#law #contracts #unions #labor #NLRB #religion #universities #FreeExercise
Post today on @MAHelfand's treatment of contractual and Free Exercise interests in cases governed by religious law or religious arbitral bodies. The key commonality is voluntarism.
#law #contracts #FreeExercise #religion #arbitration #scholarship #academia
#Homophobic #Maryland #Parents ask #SupremeCourt to hear case on #schools making #kids read #LGBTQ #affirming #books.
They claim their #freeexercise of #religion is violated without an option to opt out of learning #LGBTQ #relationships are equally #valid
#Women #Transgender #LGBTQ #LGBTQIA #Maryland #Conservatives #Extremism #Fascism #Religion #Hategroups #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Transphobia #ThePartyOfHate #EmptyThePews
https://www.washingtontimes.com/news/2024/sep/13/parents-ask-supreme-court-to-hear-case-of-schools-/
#FreeExercise, the Respect for #Marriage Act, and Some Potential Surprises
Authors
#Congress recently passed the #RespectforMarriageAct to assure that certain #marriages would remain valid even if the #SupremeCourt were to overrule past precedent and hold that the #Constitution does not protect the right to #marry a partner of the #samesex or of a different #race. However, the Act, as written, may not offer protection for certain same-sex or #interracial ...
https://engagedscholarship.csuohio.edu/clevstlrev/vol72/iss2/7/
Congress recently passed the Respect for Marriage Act to assure that certain marriages would remain valid even if the Supreme Court were to overrule past precedent and hold that the Constitution does not protect the right to marry a partner of the same sex or of a different race. However, the Act, as written, may not offer protection for certain same-sex or interracial marriages and may open the door to the federal protection of plural marriages, congressional intent notwithstanding, because of the Court’s increasingly robust free exercise jurisprudence.
The Oklahoma Supreme Court struck down a contract between the state's Virtual Charter School Board and a Catholic charter school as violating both the state and federal constitutions.
#law #contracts #education #Oklahoma #RyanWalters #Religion #EstablishmentClause #FreeExercise
#MSNBC analyst Angela-something characterized the Oklahoma law requiring teaching of the Bible in classrooms as an instance of the tension between the Establishment and Free Exercise clauses of the First Amendment.
Er. . . what? That’s 180° wrong, and you don’t even have to be a lawyer to see it. If the law engages with Free Exercise at all (debatable), surely it’s violative — as it quite obviously is with respect to the Establishment Clause.
In other words: the two clauses are working together against this law. That’s the opposite of “tension”.
MSNBC, either you quoted Angela way out of context, or you need a new analyst (preferably one who took at least one con law class).
#constitution #Oklahoma #schools #1stAMENDMENT #FreeExercise #EstablishmentClause #religion #ChurchState #teachers #law #journalism
Somewhere I hope there are a couple dozen folks reading or hearing this story with glimmers of recognition.
I used the story of the Makah whale hunt as an example of religious liberty and church-state relations in a "Religion in America" class I was teaching back in 1999.
#ReligiousLiberty #FreeExercise #Makah #Whales #ConcordiaCollege
Obstructing #Police Clearing #Abortion Clinic Demonstrators Not Protected as #FreeExercise
https://religionclause.blogspot.com/2024/06/obstructing-police-clearing-abortion.html
#michigan #reproductivehealthcare #
NEW ESSAY!
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4829289#
It discusses establishment clause and free exercise clause challenges to early abortion bans
#FediLaw #FediProf #law #abortion #religion #freeExercise #Establishment
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