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The U.S. Court of Appeals for the 9th Circuit affirmed a lower court's decision to dismiss a lawsuit filed by current and former students against the U.S. Department of Education for allowing ...
Argument: Oral argument: Case history; Prior: Espinoza v. Montana Dep't of Revenue, 2018 MT 306, 393 Mont. 446, 435 P.3d 603; cert. granted, 139 S. Ct. 2777 (2019).: Holding; The application of the no-aid provision discriminated against religious schools and the families whose children attend or hope to attend them in violation of the Free Exercise Clause of the Federal Constitution.
The parents then sued in federal court, citing the 1st Amendment's protection for the free exercise of religion. They were represented by the Becket Fund for Religious Liberty.
In the first, Trinity Lutheran Church of Columbia, Inc. v. Comer (582 U.S. ___ (2017)), the Court ruled that denying a religious school in Missouri the funds to rebuild a playground while providing funds to non-secular schools violated the Free Exercise Clause of the First Amendment, and that government programs cannot discriminate on the basis ...
Toggle The free exercise of religion subsection. 2.1 Exclusion of religion from public benefits. ... Good News Club v. Milford Central School, 533 U.S. 98 (2001)
Kennedy v. Bremerton School District, 597 U.S. 507 (2022), is a landmark decision [1] by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.
The court ruled that the free exercise of religion was meritorious and prevailing and that Merced was entitled under the Texas Religious Freedom and Restoration Act (TRFRA) to an injunction preventing the city of Euless, Texas from enforcing its ordinances that burdened his religious practices relating to the use of animals. [49]
Although the court does not provide much guidance on how to proceed in future lawsuits against churches as employers, the ruling has broad sweep. It abandons the court's longtime practice of balancing the interest in the free exercise of religion against important government interests, like protection against workplace bias or retaliation. With ...