Tag Archives: Free Exercise Clause

SCOTUS Opinion: Court Upholds Birth Control Exclusion for Religious Organizations Under ACA

While the Patient Protection and Affordable Care Act required employers to provide coverage for contraceptives, the Government issued rules exempting religious employers from that mandate. After subsequent rulings by the Supreme Court on claims that the rules violated the Religious Freedom Restoration Act and the Free Exercise Clause of the First Amendment, the Government issued new rules expanding the exemption ... Read More

SCOTUS: States Cannot Exclude Religious Schools From Tuition Programs

Montana created a program that granted tax credits to organizations that awarded scholarships for private school tuition. Because Montana’s Constitution expressly prohibits “appropriation or payment” to sectarian schools—a “no-aid clause”—the State issued a rule prohibiting the scholarships from being used toward religious schools. Three mothers who wanted to use the scholarships to send their children to a Christian private school ... Read More

SCOTUS Opinion: Court Declines to Suspend COVID-19 Restrictions on Church Worship in California

The Governor of California issued an executive order to limit the spread of COVID-19, which in part limited attendance at places of worship to 25% of building capacity or 100 people, whichever is less. Several churches challenged that order, and asked the courts to enter an injunction staying its effect during the course of the litigation due to its First ... Read More