TheKinrar @TheKinrar

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**KProfsBlog** @KProfsBlog@vivaldi.net · Jan 14

The NLRB has concluded that it cannot force religious universities to recognize unions, and Marquette refuses to do so. But how can Marquette have a religious objection to unions when other Catholic universities voluntarily permit them?

#law #contracts #unions #labor #NLRB #religion #universities #FreeExercise

https://lawprofessors.typepad.com/contractsprof_blog/2025/01/contracts-and-the-first-amendment-union-edition.html

Seal of the National Labor Relations Board

**KProfsBlog** @KProfsBlog@vivaldi.net · Sep 30, 2024

Sep 30, 2024

KProfsBlog @KProfsBlog@vivaldi.net

Post today on @MAHelfand's treatment of contractual and Free Exercise interests in cases governed by religious law or religious arbitral bodies. The key commonality is voluntarism.

#law #contracts #FreeExercise #religion #arbitration #scholarship #academia

https://lawprofessors.typepad.com/contractsprof_blog/2024/09/michael-helfand-on-contracts-and-the-right-to-change-religions.html

**Susan Larson** @Susan_Larson_TN@mastodon.online · Sep 16, 2024

Sep 16, 2024

Susan Larson @Susan_Larson_TN@mastodon.online

#Homophobic #Maryland #Parents ask #SupremeCourt to hear case on #schools making #kids read #LGBTQ #affirming #books.

They claim their #freeexercise of #religion is violated without an option to opt out of learning #LGBTQ #relationships are equally #valid

#Women #Transgender #LGBTQ #LGBTQIA #Maryland #Conservatives #Extremism #Fascism #Religion #Hategroups #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Transphobia #ThePartyOfHate #EmptyThePews

https://www.washingtontimes.com/news/2024/sep/13/parents-ask-supreme-court-to-hear-case-of-schools-/

**KProfsBlog** @KProfsBlog@vivaldi.net · Aug 15, 2024

Aug 15, 2024

KProfsBlog @KProfsBlog@vivaldi.net

The Oklahoma Supreme Court struck down a contract between the state's Virtual Charter School Board and a Catholic charter school as violating both the state and federal constitutions.

#law #contracts #education #Oklahoma #RyanWalters #Religion #EstablishmentClause #FreeExercise

https://lawprofessors.typepad.com/contractsprof_blog/2024/08/oklahoma-supreme-court-finds-contract-for-catholic-charter-school-violates-the-establishment-clause.html

**Caroline Mala Corbin** @CarolineMalaCorbin@mastodon.lawprofs.org · May 16, 2024

May 16, 2024

Caroline Mala Corbin @CarolineMalaCorbin@mastodon.lawprofs.org

NEW ESSAY!
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4829289#

It discusses establishment clause and free exercise clause challenges to early abortion bans

#FediLaw #FediProf #law

**Jim Oleske** @JimOleske@mastodon.social · May 14, 2024

May 14, 2024

Jim Oleske @JimOleske@mastodon.social

With its doctrine on free exercise exemptions in a state of disarray, the Supreme Court is very likely to reexamine its options.

Where should it land, and on what basis? In my forthcoming (and now updated and revised) article, "Free Exercise Uncertainty," I explore the possibilities. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4664985

Screenshot with the following excerpt from the article's abstract:

After detailing the many complications raised by the Court’s recent embrace of the “most favored nation” theory of religious exemptions—complications that make a wholesale reexamination of the exemption question seem inevitable—this article engages the broader issues of original meaning, history and tradition, and First Amendment consistency. Contrary to the conclusion reached by Justices Alito, Gorsuch, and Thomas in Fulton v. City of Philadelphia, the original meaning of the Free Exercise Clause likely concerned only the making of laws regulating religion as such, not the application of generally applicable laws to religiously motivated conduct. And consistent with the original meaning, judicial interpretation of the Free Exercise Clause prior to 1963 reflected an overwhelming history and tradition of rejecting claims to constitutional exemption rights.

But while neither original meaning nor a deeply rooted tradition supports religious exemption rights for individuals, normative arguments for such rights might lead the Court to take up Justice Barrett’s separate invitation in Fulton, joined by Justice Kavanaugh, to look for guidance in modern free speech doctrine concerning incidental burdens. This is the most promising prospect for exemption proponents, and it points towards an approach in which courts would apply modestly heightened scrutiny to denials of religious exemptions.

#LawFedi #Law #SCOTUS

**Jim Oleske** @JimOleske@mastodon.social · Feb 24, 2024 *

Feb 24, 2024 *

Jim Oleske @JimOleske@mastodon.social

New from Zalman Rothschild:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4737027

#Law #LawFedi #LawProfs

**Jim Oleske** @JimOleske@mastodon.social · Dec 14, 2023

Dec 14, 2023

Jim Oleske @JimOleske@mastodon.social

Fellow #LawProfs:

Looking for an excuse to take a break from exam grading?

Have I got the answer for you ...
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4664985

Screenshot with title and a portion of the article abstract:

Free Exercise Uncertainty: Original Meaning? History and Tradition? Pragmatic Nuance?

When a law not targeted at religion nonetheless has the incidental effect of substantially burdening a religious practice, does the Free Exercise Clause of the First Amendment provide a presumptive right to a religious exemption? Over the past six decades, the Supreme Court has shifted its answer to that question from “no” to “yes” to “no” to “maybe” without (1) overruling a single precedent, (2) engaging arguments about original meaning, (3) examining whether there is a deeply rooted history and tradition of recognizing constitutional exemption rights, or (4) considering analogies to its treatment of incidental burdens in other First Amendment contexts. The result is an unsettled free exercise jurisprudence that stands in considerable tension with recent developments elsewhere in constitutional law—developments that have seen the Court increasingly invoke original meaning and emphasize history and tradition—as well as with longstanding free speech doctrine.

After detailing the many complications raised by the Court’s recent embrace of the “most favored nation” theory of religious exemptions—complications that make a wholesale reexamination of the exemption question seem inevitable—this article engages the broader issues of original meaning, history and tradition, and First Amendment consistency....

#Law #LawFedi #FirstAmendment

**Caroline Mala Corbin** @CarolineMalaCorbin@mastodon.lawprofs.org · Jan 27, 2023 *

Jan 27, 2023 *

Caroline Mala Corbin @CarolineMalaCorbin@mastodon.lawprofs.org

Baker Cannot Refuse to Provide Non-expressive Cake to Transgender Customer
http://religionclause.blogspot.com/2023/01/baker-cannot-refuse-to-provide-non.html

No free speech violation bc not expressive: "We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker."

No free exercise violation bc anti-disc law is neutral & generally applicable

#LGBTQ #equality #religion #speech #FreeSpeech #FreeExercise
#law #lawfedi #lawprof

religionclause.blogspot.comBaker Cannot Refuse to Provide Non-expressive Cake to Transgender CustomerIn Scardina v. Masterpiece Cakeshop, Inc ., (CO Ct. App., Jan. 26, 2023), a Colorado state appellate court held that Masterpiece Cakeshop a...

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