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16 Jun 2022, 10:04 am by John Elwood
The petitioners also ask the court to overrule Employment Division v. [read post]
27 May 2022, 11:21 am by Emanuela Tala
In June 2021, the Supreme Court declined an invitation to overturn Employment Division, Department of Human Resources of Oregon v. [read post]
25 May 2022, 5:23 am by Eugene Volokh
RFRA legislatively overturned Employment Division, Department of Human Resources of Oregon v. [read post]
13 Apr 2022, 4:30 am by Michael C. Dorf
The Supreme Court announced that so-called neutral laws of general applicability--i.e., laws that do not single out religion for adverse treatment--do not implicate the First Amendment right to free exercise of religion in 1990 in Employment Division v. [read post]
12 Apr 2022, 9:01 pm by Michael C. Dorf
That’s because the 1990 decision in Employment Division v. [read post]
28 Mar 2022, 5:24 pm by Mark Movsesian
Strict scrutiny applies in many free exercise cases, for example, notwithstanding Employment Division v. [read post]
27 Mar 2022, 6:51 pm by Rob Vischer
This has been the case regardless of what formal test applies, the proportionality test outside the United States, which expressly calls for judges to weigh the relative costs and benefits of a restriction, or the Employment Division v. [read post]
22 Feb 2022, 1:11 pm by Amy Howe
They declined to review two other questions that Smith raised in her petition for review: whether requiring Smith to create custom websites for same-sex couples violates the First Amendment’s free exercise clause, and whether the Supreme Court should overrule its 1990 decision in Employment Division v. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
  The 9th Circuit in Bosley v. [read post]
18 Feb 2022, 4:30 am by Michael C. Dorf
Indeed, it seems to me that there are some non-religious objections of conscience that make stronger claims for exemptions than do many religious objections.However, so long as we have a body of First Amendment law that makes the religious nature of a belief key to triggering the non-discrimination obligation (and maybe to exceptions even absent discrimination, should the Supreme Court overrule Employment Division v. [read post]
1 Feb 2022, 12:32 am by Roel van Woudenberg
The documents filed by the parties in the appeal proceedings are numbered as follows:A1 Decision Edwards Lifesciences AG v. [read post]
20 Jan 2022, 2:01 pm by John Elwood
Morrissey-Berru, under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. [read post]
12 Jan 2022, 12:35 pm by John Elwood
The case also presents the question whether a public-accommodation law that authorizes secular but not religious exemptions is generally applicable under Employment Division v. [read post]