ABA Journal

Religious Law

571 ABA Journal Religious Law articles.

Strip search by transgender guard violated inmate’s religious rights, 7th Circuit says

A federal appeals court ruled Friday for a Muslim inmate in Wisconsin who claimed that his religious rights were violated by strip searches conducted by a transgender prison guard.

Supreme Court requires Yeshiva University to recognize LGBTQ student club as state court review continues

The U.S. Supreme Court on Wednesday refused to block a trial judge’s order requiring Yeshiva University to recognize an LGBTQ student club at its undergraduate campus while litigation continues.

Sotomayor stays order requiring Yeshiva University to allow LGBTQ student club

U.S. Supreme Court Justice Sonia Sotomayor on Friday stayed an order that required Yeshiva University to recognize an LGBTQ student club at its undergraduate campus.

HIV-prevention drug coverage violated religious rights of employer opposed to ‘homosexual behavior,’ judge rules

A federal judge in Fort Worth, Texas, has ruled that the Affordable Care Act’s requirement that insurance plans cover HIV-prevention drugs violates the statutory rights of employers with religious objections. The plaintiffs had argued that providing compulsory coverage for PrEP drugs makes them “complicit in facilitating homosexual behavior.”

9th Circuit upholds ban on conversion therapy for minors in First Amendment challenge

Washington state’s ban on conversion therapy for minors does not violate the First or 14th Amendments, a federal appeals court ruled on Sept. 6.

Chemerinsky: Originalism has taken over the Supreme Court

The U.S. Supreme Court term that ended on June 30 was the most originalist in American history. In case after case, the court professed that the meaning of a constitutional provision is to be determined by the original understanding at the time when it was adopted. Some of the justices—Clarence Thomas, Neil Gorsuch and Amy Coney Barrett—are self-avowed originalists. All of the conservatives often write their opinions in originalist language and sign on to expressly originalist decisions.

SCOTUS should uphold long-standing precedent in case involving objection to same-sex marriage, ABA says

The ABA is urging the U.S. Supreme Court to again reject arguments by private businesses that claim First Amendment exemptions from laws that prohibit discrimination in the provision of public accommodations.

Clergy members contend Florida abortion law violates their religious freedom; 5 suits are filed

Seven clergy members have filed five lawsuits in Florida contending that the state’s abortion restrictions burden their religious beliefs, speech and conduct.

Sporting a new beard, Justice Alito defends abortion decision, remarks on ‘growing hostility to religion’

U.S. Supreme Court Justice Samuel Alito is getting some attention for a recent speech and a new look—a beard described as “a work in progress” at the Volokh Conspiracy blog.

Judge blocks no-contact orders against Christian law students who discussed opposition to same-sex marriage

A federal judge has ordered the University of Idaho to rescind no-contact orders against three Christian law students who expressed their views against same-sex marriage at an LGBTQ event and a meeting concerning ABA accreditation.

Chemerinsky: This SCOTUS term moved the law ‘dramatically in a conservative direction’

The U.S. Supreme Court's October 2021 term was one of the momentous in history. The only analogy I can think of is 1937 for its dramatic changes in constitutional law. This is the first full term with Justice Amy Coney Barrett on the high court, and we saw the enormous effects of having a 6-3 conservative majority.

Supreme Court nears end of term amid conflict and discord

“What we have now is kind of a perfect storm,” says Stefanie Lindquist, a professor of law and political science at the Sandra Day O’Connor College of Law at Arizona State University. “The court is sort of rattled by all the political instability that we’re all experiencing writ large.”

Supreme Court sees ‘discrimination against religion,’ strikes down state ban on aid to religious schools

The U.S. Supreme Court ruled 6-3 Tuesday that Maine violated the free exercise clause when it banned state tuition assistance at schools that teach religion but not at most other private schools.

Supreme Court backlog is the largest in percentage terms since at least 1950

More than half of the cases on the U.S. Supreme Court’s docket have yet to be decided.  As of Friday, the court had 33 opinions remaining, which amounts to 53% of its argued cases this term.

House reverses course on renaming federal courthouse to honor Black judge

The U.S. House of Representatives reversed course last week and voted to rename a federal courthouse in Tallahassee, Florida, after the first Black judge on the Florida Supreme Court.

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