On-Demand

The Supreme Court Expands Religious Protections under Federal and State Law (On-Demand)

General Credits:

$179.00

Course Description

This program will explore recent decisions by the U.S. Supreme Court that expand religious protections against laws intended to serve other public interests. The Court’s conservative majority has shown a willingness to overturn precedent in granting more protection to the exercise of faith-held beliefs, and that trend likely will continue in the future.

Principles

  • Recent decisions by the Supreme Court expanding religious protections from governmental regulation and overturning precedents in the process, including cases addressing:
  • State-support for foster agencies that, on religious grounds, refuse to place children with same-sex couples.
  • State-subsidies for religious schools.
  • Applicability of Title VII and other anti-discrimination statutes to employees of religious-based organizations.
  • Exceptions for faith-based enterprises from government mandates for employers to provide contraceptives as part of their health plans.
  • Judicially created exceptions for religious-related activities from COVID-19 public-health requirements.
  • Areas to watch for continued expansion of religious protections, including accommodation of religious beliefs and practices under Title VII of the Civil Rights Act of 1964 and application of the Religious Freedom Restoration Act.

Syllabus

  1. State-support for foster agencies that, on religious grounds, refuse to place children with same-sex couples.
      • Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990)
      • Fulton v. City of Philadelphia, No. 19-123 (June 17, 2021)
      • Masterpiece Cakeshop, Ltd. v. Colorado C.R. Comm’n, 138 S. Ct. 1719 (2018)
  2. State-subsidies for religious schools.
      • Marsh v. Chambers, 463 US 783 (1983)
      • Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (2004)
      • Van Orden v. Perry, 545 U.S. 677 (2005)
      • Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 (2017)
      • Espinoza v. Montana Department of Revenue, 140 S. Ct. 2246 (2020)
  3. Applicability of Title VII and other anti-discrimination statutes to employees of religious-based organizations.
      • Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. 171 (2012)
      • Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020)
  4. Exceptions for faith-based enterprises from government mandates for employers to provide contraceptives as part of their health plans.
  5. Patient Protection and Affordable Care Act (“ACA” or “Obamacare”)
      • Burwell v. Hobby Lobby, 573 U.S. 682 (2014)
      • Little Sisters of the Poor Saints Peter and Paul Home. v. Pennsylvania, 140 S. Ct. 2367 (2020)
      • Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)
  6. Judicially created exceptions for religious-related activities from COVID-19 public-health requirements.
      • Roman Cath. Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63 (2020)
      • Tandon v. Newsom, 141 S. Ct. 1294 (2021)
  7.  Potential future developments.
      • Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977)
      • Patterson v. Walgreen Co., 727 Fed. Appx. 581 (11th Cir. 2018), cert. denied, 140 S. Ct. 685 (2020) (dissenting opinion of Justice Alito, joined by Justices Thomas and Gorsuch)
      • EEOC v. Abercrombie & Fitch Stores, Inc., 575 U. S. 768 (2015)

Instructor

Jeffrey Wohl, Esq.

Credit Details

Course Type

Course Instructor

Jeffrey Wohl, Esq.

Original Date Of Course

General Credits

1.5