Religious Freedom & Restrictions

Whenever churches or religious organizations find themselves involved in civil litigation, courts first must determine whether the First Amendment’s religion clauses bestow a unique legal status on religious organizations that puts some of their decisions and actions beyond the reach of civil laws.

This analysis draws upon testimony on U.S. International Religious Freedom Policy: the Outlook for 2010, before the Foreign Affairs Subcommittee on International Organizations, Human Rights, and Oversight, Feb. 3, 2010.

On Nov. 3, 2010, the U.S. Supreme Court will hear oral arguments in a pair of related cases involving a constitutional challenge to an Arizona tax policy aimed at providing scholarships for children to attend private – often religious – schools.

Should doctors, pharmacists and other health care workers have the right to refuse to provide services that conflict with their religious beliefs? Until recently, the debate over “conscience protections” for health care workers centered largely on abortion and birth control. But in the past few years, new cases have emerged that have expanded the debate […]

On April 19, 2010, the U.S. Supreme Court will hear oral arguments in Christian Legal Society v. Martinez, a case that will determine whether a public institution can refuse to officially recognize a religiously based organization that prevents those who do not share its religious and moral values from becoming voting members. The case arose […]

Global Restrictions on Religion, a new study by the Pew Research Center's Forum on Religion & Public Life, finds that 64 nations - about one-third of the countries in the world - have high or very high restrictions on religion.

With their distinctive appearance and religious practices, Sikh-Americans often find themselves at the center of workplace discrimination cases and other controversies involving their religious rights. And while Sikh groups have worked to carve out legal protections for the community’s religious practices, their efforts have not always met with success. In California, for example, Gov. Arnold […]