Archives: Establishment Clause

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Eleventh Circuit Affirms Dismissal of City’s Approval of Chabad Religious Center as Moot

By Evan Seeman on Posted in Establishment Clause
The United States Court of Appeals for the Eleventh Circuit recently affirmed the lower court’s decision dismissing an Establishment Clause challenge over the approval of a religious center.  The lawsuit was brought by two residents who live near a mixed-use, two-story religious center proposed by Chabad of East Boca, Inc. (“Chabad”).  In 2007, Chabad sought … Continue Reading

Third Time’s Not the Charm for Trump’s Travel Ban

By Karla Chaffee on Posted in Establishment Clause
The Fourth Circuit ruled earlier this month that the Trump Administration’s third attempt at an immigration and travel ban, imposed on eight predominately Muslim countries, was likely to violate the Establishment Clause. On September 24, 2017, President Trump issued Proclamation No. 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States … Continue Reading

Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause

By Evan Seeman on Posted in Establishment Clause, First Amendment
The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground that it is motivated by anti-Muslim animus.  Earlier this year, we posted about the Ninth Circuit’s decision finding that … Continue Reading

RLUIPA Implications of Trump’s Immigration Executive Order

By Evan Seeman on Posted in Establishment Clause, Religious Freedom Restoration Act
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From Foreign Terrorist Entry Into The United States” – and denying the federal government’s emergency motion for a stay to allow enforcement … Continue Reading

Rocky Mountain Sign Law Blog: Installation of Ten Commandments On City Hall Lawn is Government Speech, Violates First Amendment

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Establishment Clause, First Amendment
Guest Post by Brian Connolly, Otten Johnson, PC Earlier this month, the Tenth Circuit Court of Appeals ruled that Bloomfield, New Mexico’s installation of a Ten Commandments monument on the lawn in front of city hall violated the Establishment Clause of the First Amendment. In 2007, upon request of one of its members, the Bloomfield … Continue Reading

Nashville Islamic Center Claims Tax Rules Impose Unfair Burden

By Karla Chaffee, Evan Seeman, John Peloso and Dwight Merriam on Posted in Establishment Clause, First Amendment, Religious Freedom Restoration Act, RLUIPA Round-Up
Guest Post by Tavo T. True-Alcala The Islamic Center of Nashville (ICN) recently filed a federal complaint and request for declaratory judgment against the State of Tennessee, the Metropolitan Trustee of Nashville, and the Tennessee State Board of Equalization after it was denied a request for retroactive property tax relief. Since 1995, ICN has operated a religious … Continue Reading

RLUIPA Defense/Rocky Mountain Sign Law Joint Blog Post: Pennsylvania Borough’s Church Directional Signs Did Not Violate the Establishment Clause

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Establishment Clause
This post is co-authored with Brian Connolly of Otten Johnson Robinson Neff + Ragonetti, contributor author to the Rocky Mountain Sign Law (www.rockymountainsignlaw.com) blog.  Late last month, a federal district court in Pennsylvania ruled that directional signs to a church, which contained images of a cross and bible, did not violate the Establishment Clause of … Continue Reading

New Jersey District Court Remands RLUIPA and Equal Protection Defense to State Court

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Establishment Clause, First Amendment
The Freedom From Religion Foundation sued the Morris County Board of Chosen Freeholders, the Morris County Preservation Trust Fund Review Board, and Joseph A. Kovalcik, Jr. (“Defendants”) in New Jersey Superior Court claiming that the use of taxpayer money to fund the restoration of churches violates the New Jersey Constitution and the New Jersey Civil … Continue Reading

Satanists Score Victory in Phoenix

By Evan Seeman, Karla Chaffee, Dwight Merriam and John Peloso on Posted in Establishment Clause, First Amendment
The Phoenix City Council has voted to abolish a 65-year practice of opening meetings with religious prayer.  Now, the meetings will begin with a moment of silence.  The vote was prompted by a request from the Satanic Temple of Tucson to lead the February 17 meeting with its own prayer.  The City Council decided that … Continue Reading

SCOTUS Non-Land Use Case Could Impact Land Use

By Evan Seeman, Karla Chaffee, Dwight Merriam and John Peloso on Posted in Establishment Clause, First Amendment, Religious Exercise
Last week, the U.S. Supreme Court granted a request to review a church’s claim that the state of Missouri violated the federal constitution by prohibiting religious groups from obtaining state funding because of their religious nature.  The case involves Trinity Lutheran Church of Columbia, which runs a preschool and daycare in Missouri that is open … Continue Reading

Nativity Scenes & Starbucks Coffee Cups Spark Holiday Controversy Across Nation

By Evan Seeman, Karla Chaffee, Dwight Merriam and John Peloso on Posted in Establishment Clause
It wouldn’t be the holidays without controversial nativity scenes igniting lawsuits across the country.  Generally, these lawsuits are brought under the Establishment Clause, alleging that the government illegally endorses one religion over another by permitting religious displays on public property.  Even controversial religious displays on private property can lead to zoning enforcement action.  Last year, … Continue Reading

Arkansas Senate Opens the Door; Baphomet Walks In

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Establishment Clause, First Amendment
The Arkansas Senate, in  passing Bill no. 939 (now Act 1231), authorized the placement of a Ten Commandments monument on the grounds of the Arkansas State Capitol to purportedly “help the people of the United States and of the State of Arkansas to know the Ten Commandments as the moral foundation of the law.”  While … Continue Reading

Jesus is Just Alright, Holds the Ninth Circuit*

By Evan Seeman, Karla Chaffee, Dwight Merriam and John Peloso on Posted in Establishment Clause, First Amendment
The Ninth Circuit has affirmed a lower court’s decision ruling that a twelve foot statute of Jesus near Montana’s Big Mountain does not violate the First Amendment’s Establishment Clause. The statue, known as “Big Mountain Jesus,” is located on national forest land that the government leases to a private commercial ski resort. Freedom From Religion … Continue Reading

Mother & Daughter’s Challenge to Ten Commandments Monument Dismissed for Lack of Standing

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Establishment Clause
The U.S. District Court for the Western District of Pennsylvania dismissed an Establishment Clause challenge to a Ten Commandments monument located on the lawn outside a local high school, in Freedom From Religion Foundation v. New Kensington-Arnold School District (W.D. PA July 27, 2015).  The monument, six feet tall and weighing 2,000 pounds, sits on … Continue Reading

RLUIPA Round-Up

By Evan Seeman, Karla Chaffee and John Peloso on Posted in Establishment Clause, First Amendment, Religious Exercise, RLUIPA Round-Up
Here are news items involving local government, religion, and land use that have caught our attention. Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and two members from prosecution for possession of marijuana. The Church alleges that cannabis is the … Continue Reading

Ten Commandments Monument on Public Grounds Violates Oklahoma Constitution

By Evan Seeman, Karla Chaffee and John Peloso on Posted in Establishment Clause, First Amendment
In a case we have been following, Oklahoma’s Supreme Court has ruled that a Ten Commandments monument on the Oklahoma Capitol grounds is unconstitutional under state law.  We previously reported on the lower court’s decision that the six-foot monument, which was a gift from an Oklahoman, did not violate the state constitution because of its historical value.  … Continue Reading
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