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RLUIPA Prison Case Had No Merit

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.)

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Religious Diversity: Talking in the Shadow of the Liberty Bell

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.

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Conservatives Counseling Gay or Lesbian Clients

Three recent federal circuit court decisions address how conservative Christian therapists may interact with homosexual clients in cases where personal beliefs may conflict with a duty of client care.  Despite different outcomes, there may be common principles. Schools and employers may not require therapists to change their religious convictions, but under the American Counseling Association (ACA) code of ethics, therapists may not impose values on their clients. Referrals can solve the problem, if done tactfully.

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Part 1: Labor Unions at Christian Colleges? NLRB Thinks So.

Christian CollegeCan you have a union at a religious college? Only if the National Labor Relations Board (NLRB) can exercise its jurisdiction over faculty members. NLRB has tried to do this several times. Shortly before Christmas in 2014, the NLRB developed a new test that lets it take jurisdiction over the faculty at Pacific Lutheran University (PLU).

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Forbidding or Allowing Student Religious Speech

One challenge in figuring out what religious speech is permitted for students is that it depends on whether the school is trying to prevent the speech or allow it. A January 2013 Second Circuit case, A.M. v. Taconic Hills Central School District, gives some insight, though it is a summary order that is not precedential.

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