Church-State Law

Massachusetts’ Supreme Judicial Court – the state’s highest court – will hear arguments today in Doe v. Acton-Boxborough Regional School District, a case in which an anonymous atheist couple is challenging the use of the phrase “under God” in recitations of the Pledge of Allegiance in public schools. The plaintiffs, represented by the American Humanist […]

Some religious groups are pushing for an end to a ban on clergy endorsements of political candidates. Pew Research polling has shown that Americans are wary of church involvement in partisan politics.

Some for-profit businesses are joining religiously affiliated nonprofits in challenging the Affordable Care Act’s contraception mandate, claiming it violates their religious liberty rights. A Pew Research Center analysis reviews the situation before a significant case is heard by the 10th Circuit Court of Appeals.

Between 2010 and 2012, lawmakers in at least 32 states introduced bills to ban state courts from considering foreign or religious laws in their decisions.

On Monday, the Oklahoma Senate passed a bill intended to prevent the use of foreign law in state courts. The bill contains language from model legislation designed to limit the use of sharia, or Islamic law. A new interactive map details similar bills introduced or enacted in 32 states between 2010 and 2012.

Across the U.S., religious courts operate on a routine, everyday basis. How do some of the country's major Christian traditions and other religions - including Islam, Judaism, Buddhism and Hinduism - decide internal matters and apply their religious laws?

On Feb. 1, the U.S. Department of Health and Human Services released new rules for how the Patient Protection and Affordable Care Act's contraception mandate applies to religious nonprofits, including houses of worship, schools and hospitals. Church-state law scholars Ira C. Lupu and Robert Tuttle explain the new rules and the legal arguments that religious groups might make.

During the past 35 years, federal courts, particularly the U.S. Supreme Court, have superseded states as the driving force in crafting abortion policy.

Americans who have heard about the federal rule that would require employers to provide birth control as part of their health care benefits are closely divided over whether religiously affiliated institutions should be given an exemption. Sharp divisions of opinion exist on the issue by religious affiliation, party and ideology.

The Court’s Unanimous Decision On Jan. 11, the Supreme Court issued a ruling in a significant church employment dispute, giving religious organizations wide latitude in hiring and firing clergy and other employees who perform religious duties. In its unanimous decision, the high court explicitly recognized a legal doctrine known as the “ministerial exception.” Lower courts […]