Resources & Blog

Recent Articles & Resources

Although it doesn’t have much independent value as a precedent, a recent case is an eerie factual copycat of the recent U.S. Supreme Court decision in Hosanna-Tabor v. EEOC, an employment law case that applied the constitutional ministerial exception doctrine. Herzog v. St. Peter Lutheran, an August 2012 memorandum opinion out of the federal Northern District of Illinois, faithfully applies the Hosanna-Tabor principles to a similar set of facts.

One area of religious liberty that has been challenged a few times recently is the right to share one's faith and hand out religious literature on a public sidewalk. The Muniz lawsuit is only in the initial stages, but will revolve around the religious liberties principles.

Blog post by Lauren Burson, Telios Law intern summer 2012

In an effort to demonstrate open-mindedness and be welcoming to all, our society sometimes takes tolerance to the extreme, essentially erasing diversity by bulldozing protective measures that would otherwise help to maintain a unique identity.

Christians in Rutherford County, Tennessee, have battled for two years against the construction and opening of the Murfreesboro mosque. Not only are the “Christian” actions in Rutherford County unconstitutional, they are short-sighted. If they succeed in changing religious liberty protections for Muslims, they change them for everyone. They are sowing the wind, blithely unaware that when it is time to harvest, all people of faith will reap the whirlwind.

The doctrine of church autonomy, which defines broad areas where civil courts cannot interfere with church decisions, plays an important part in First Amendment free exercise rights. On June 28, 2012, the Third Circuit issued a precedential opinion, Askew v. The Trustees of the General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith, Inc., supporting this doctrine. 

When Values Collide: The Catholic Church, Sexual Abuse, and the Challenges of Leadership
By Joseph Chinnici

 

In a one-sentence simplistic summary, the Bronx Household of Faith (Church) wants to rent space in the public schools for Sunday meetings, and the New York City Board of Education (Board) wants to keep it—and other churches—out. This dispute has produced over an inch-thick sheaf of judicial opinions over the last ten years, learnedly discussing the intricacies of the clauses of the First Amendment.  New arguments and injunctions (or directives from the court) keep popping up like dandelions, and Judge Preska recently granted yet another preliminary injunction that prevents the Board, for now, from enforcing its policy to keep the Church out.  This post tries to explain how we got “here,” and where “here” is.

This memorandum describes the annual information return filing requirements for religious organizations and other tax-exempt 501(c)(3) organizations (excluding private foundations and supporting organizations).

The Third Circuit issued an opinion on February 9, 2012, deciding a prisoner RLUIPA (Religious Land Use and Institutionalized Persons Act) case that contained an issue of first impression. The importance of this case for future reference will likely be the holding that RLUIPA does not permit government employees to be sued as individuals, but only in their governmental capacity. (The act protects both religious land use, such as for churches in zoning issues, and religious expression in institutions such as prisons.)

The national dialogue on religious law issues often generates more heat than light. In public debate, speakers stand on a soapbox shouting and cheer-leading their own side.Voices get shrill and invective flies about the “other side.” Let’s take one common example. Free exercise in the public schools touches two passions—people’s religion and their children. And it triggers protective feelings because of deep fears.