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
Establishment Clause
Satanists Score Victory in Phoenix
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…
SCOTUS Non-Land Use Case Could Impact Land Use
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…
Nativity Scenes & Starbucks Coffee Cups Spark Holiday Controversy Across Nation
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,…
Arkansas Senate Opens the Door; Baphomet Walks In
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.” …
Jesus is Just Alright, Holds the Ninth Circuit*
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…
Mother & Daughter’s Challenge to Ten Commandments Monument Dismissed for Lack of Standing
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,…
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
…
Ten Commandments Monument on Public Grounds Violates Oklahoma Constitution
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…