“Right Test, Wrong Outcome: Avoiding Misuse of the Ministerial Exception in Faith-Based Schools” by Charles J. Russo & Allan G. Osborne

During the closing days of its 2019-20 term, the Supreme Court’s trilogy of rulings in the companion cases of Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, and Espinoza v. Montana Department of Taxation, resoundingly reaffirmed the Justices’

“Life, Liberty, & Vaccines: The Clash between the Coronavirus and Religious Freedom” by Sara Pullen Guercio

Like most of us these days, we were sitting on the couch. My husband said grimly, “Let’s see what’s going on in the world…” and turned on the news. The TV flickered and we steeled ourselves, wine in hand, as the information onslaught that we had been avoiding for most of the day began. On

“Born of Bigotry, Died in Religious Liberty: The Supreme Court Ends the Blaine Amendments in Empowering Parental Choice” by Charles J. Russo & William E. Thro

“The Blaine Amendment was ‘born of bigotry.”’ Reasonable people can certainly disagree over whether Chief Justice John Roberts’ forceful words in the opinion of the five-to-four judgement in Espinoza v. Montana Department of Taxation, which produced seven different opinions, was the stake through the heart of the anti-Catholic Blaine Amendments that brought their jurisprudential reign

“Why Do White Christians in America Think They Are Persecuted?” by John Corrigan

Over the last decade, the internet has been abuzz with complaints from white American Christians that they are the victims of a broad secularist and leftist persecution. Stung by the decision in Obergefell v. Hodges, bewildered by demographic research demonstrating their new minority status, and ever more desperately aligning their Christianity with an indignant populist

“Russian Authorities Sentence Jehovah’s Witness” by Adrienne Phillips

“Russian Authorities Sentence Jehovah’s Witness” Adrienne Phillips The Russian Constitution of 1993 states that, “Everyone shall be guaranteed the freedom of conscience, the freedom of religion, including the right to profess individually or together with others any religion or to profess no religion at all, to freely choose, possess and disseminate religious and other views

“Big Brother and the New Ministry of Truth: How President Trump’s Executive Order May have Disastrous Consequences for Religious Freedom” by Kristina Arriaga

Last month, for the first time ever, Twitter fact-checked two presidential tweets. In response, President Donald Trump issued an executive order which would, in essence, eliminate a pillar of U.S. internet law, the protections contained in Section 230 of the Communications Decency Act (CDA 230). CDA 230 gives interactive internet platforms immunity from many kinds

“I Swear to God: Oaths, Accommodations, and the Binding of Conscience” by Matthew P. Cavedon

“I Swear to God: Oaths, Accommodations, and the Binding of Conscience” Matthew P. Cavedon Watch any courtroom drama and you know something serious is about to happen when a witness takes an oath. In the typical Hollywood version, it goes like this: “Do you swear to tell the truth, the whole truth, and nothing but

“Mass Gatherings – COVID-19 Quarantines, Religious Rights, and Criminal Law” by Matthew P. Cavedon

“Mass Gatherings – COVID-19 Quarantines, Religious Rights, and Criminal Law” Matthew P. Cavedon COVID-19 has become the sort of generational event that September 11, the fall of the Berlin Wall, and the Great Depression were for ages past. It affects everyone. It affects everything. And no one knows how the world will be when it

“COVID-19: Why the Balance Between Freedom of Religion and Public Health Matters” by Paul T. Babie & Charles J. Russo

As COVID-19 tightens its lethal grip on the globe, a palpable tension emerges between the authority of governmental officials in every state in the U.S. who have issued guidelines limiting social interactions to preserve the public health while recognizing religious exemptions, and individual rights to freedom of religion. Lawsuits in the United States have challenged

“Religious Freedom and Subsidiarity in the Coronavirus Pandemic” by M. Christian Green

Congressman Clay Higgins, representing Louisiana’s Third Congressional District, recently drew attention for his response to the COVID-19 pandemic. First, the congressman addressed a letter to Louisiana’s Governor John Bel Edwards decrying and denouncing restrictions on group gatherings as a violation of freedoms of religion and assembly under the First Amendment to the U.S. Constitution. Then,