Last June, we wrote about a Kansas woman, Mary Anne Sause, who had police come to her house to investigate a noise complaint. During the officers’ investigation, she knelt down to pray, at which point the officers ordered her to stop praying and stand up. She sued them, arguing that the officers violated her First Amendment… Read More Kansas Woman Ordered by Police to Stop Praying Will Get Her Day in Court
Today, the Supreme Court decided Masterpiece Cakeshop, which involves whether a cake baker can be forced to bake a cake for a same-sex couple’s wedding. (We previewed the case here.) In a 7-2 decision, in an opinion written by Justice Kennedy, the Court ruled in favor of the cake shop and found that the Colorado… Read More SUPREME COURT OPINION ALERT: High Court Rules in Favor of Cake Baker in Same-Sex Wedding Case
This case is the next in a series of cases involving whether religiously affiliated organizations must comply with federal employment-nondiscrimination laws. By way of background, a 2012 Supreme Court decision declared that the First Amendment prohibits federal employment laws from applying to “ministers.” The Court wrote: “The Establishment Clause prevents the Government from appointing ministers,… Read More New York Methodist Hospital Exempt from Employment Laws
Much has been written about parents that refuse to vaccinate their children. But as far as we know, this is the first time that the First Amendment has come up. Michigan requires that children be vaccinated. But like almost every other state, Michigan provides waivers from the vaccination requirement if parents have religious objections. A… Read More Michigan Anti-Vaxxer Told that Her Catholic Faith Does Not Oppose Vaccination
[UPDATE: On June 28, 2018, the Supreme Court reversed the decision described below.] Two police officers went to the home of Mary Anne Sause in Louisburg, Kansas, 40 miles south of Kansas City, to investigate a noise complaint. Sause eventually invited them inside. Sause mentioned the Constitution and Bill of Rights, for which the officers… Read More Kansas Police Okay to Stop Suspect’s Prayer to Arrest Her
The Supreme Court of the United States begins its next term today–the first Monday in October, as it does every year. Right now, the High Court is slated to hear a few First Amendment cases, which are among the most high-profile cases of the term, and the Court could put more First Amendment cases on… Read More First Amendment Cases at the Supreme Court This Term
For four years, Joanne Fratello was the principal of a Catholic elementary school not far from New York City. When the school did not renew her contract, she sued the school and the church, alleging that the they had engaged in gender discrimination in violation of both state and federal law. The church responded that… Read More New York Catholic-School Principal Exempt from Employment Nondiscrimination Laws’ Protection
This was by far the Supreme Court’s most newsworthy First Amendment case this term. (You may have read about it in the New York Times, Washington Post, Wall Street Journal, or other news organization.) Missouri has a program that will partially reimburse schools, daycares, and other entities if they resurface their playgrounds with rubber from… Read More Missouri Must Pay Church for Resurfaced Playground
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