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Research & Analysis

The fight against hate never rests. Get the latest up-to-date analysis on current events 
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218 Results

South Bay United Pentecostal Church v. Newsom (U.S. Supreme Court, 2021)

Amicus Brief
At issue in this case is a church and member of the clergy invoking the Free Exercise Clause to seek a broad exemption from California coronavirus public-health orders that restrict indoor religious gatherings to the same extent or more favorably than similarly situated secular gatherings. In opposing this claim, the legal brief joined by ADL explains that the history of the Free Exercise Clause demonstrates it was never intended to require religious exemptions from laws that protect public…
Read more about South Bay United Pentecostal Church v. Newsom (U.S. Supreme Court, 2021)

Gish v. Newsom (U.S. Supreme Court, 2021)

Amicus Brief
At issue in this case is clergy and congregants from several churches invoking the Free Exercise Clause to seek a full exemption from California coronavirus public-health orders that restrict indoor religious gatherings to the same extent or more favorably than similarly situated secular gatherings. In opposing this claim, the legal brief joined by ADL explains that the history of the Free Exercise Clause demonstrates it was never intended to require religious exemptions from laws that protect…
Read more about Gish v. Newsom (U.S. Supreme Court, 2021)

Demkovich v. Saint Andrew the Apostle Parish (U.S.C.A. 7th Circuit, en banc, 2021)

Amicus Brief
At issue in this case is whether the First Amendment ministerial exception should be expanded to categorically bar any Title VII or other hostile work environment claims by clergy and other ministerial employees of religious organizations. The purpose of the exception is to ensure that faith-based organizations have full control in hiring, firing and disciplining employees who perform religious duties. ADL joined a legal brief rejecting this expansion. The brief asserts that such an expansion…
Read more about Demkovich v. Saint Andrew the Apostle Parish (U.S.C.A. 7th Circuit, en banc, 2021)

Updegrove v. Herring (U.S.D.C., Eastern District of Virginia, 2020)

Amicus Brief
At issue in this case is a business invoking the Free Exercise Clause to seek a religious exemption from a state anti-discrimination law for the purpose of denying wedding photography services to LGBTQ couples. In opposing this claim, the legal brief joined by ADL asserts that such an exemption is not authorized by the Free Exercise Clause and prohibited by the Establishment Clause. Furthermore, the sought exemption would undermine the state law’s prohibitions on religious discrimination…
Read more about Updegrove v. Herring (U.S.D.C., Eastern District of Virginia, 2020)

Legacy Church, Inc. v. Kunkel (U.S.C.A. 10th Circuit, 2020)

Amicus Brief
At issue in this case is a church invoking the Free Exercise Clause to seek a full exemption from a New Mexico coronavirus public-health order. The order limits indoor religious services to twenty-five percent of building capacity, which is similar to or less restrictive than limitations on comparable nonreligious activities. In opposing the church’s claim, the legal brief joined by ADL asserts that the public health order is fully consistent with all Free Exercise Clause standards…
Read more about Legacy Church, Inc. v. Kunkel (U.S.C.A. 10th Circuit, 2020)

High Plains Harvest Church v. Polis (U.S.C.A. 10th Circuit, 2020)

Amicus Brief
At issue in this case is a church invoking the Free Exercise Clause to seek a full exemption from a Colorado coronavirus public-health order. The order limits indoor religious services to the lesser of fifty people (one hundred for large houses of worship) or fifty-percent capacity per room, which is similar to or less restrictive than limitations on comparable nonreligious activities. In opposing the church’s claim, the legal brief joined by ADL asserts that the public health order is…
Read more about High Plains Harvest Church v. Polis (U.S.C.A. 10th Circuit, 2020)

Andrew Wommack Ministries, Inc. v. Polis (U.S.C.A. 10th Circuit, 2020)

Amicus Brief
At issue in this case is a church invoking the Free Exercise Clause to seek a full exemption from a Colorado coronavirus public-health order.  The order limits indoor religious services to the lesser of 175 attendees or fifty percent of room capacity, which is similar to or less restrictive than limitations on comparable nonreligious activities. In rejecting this claim, the legal brief joined by ADL asserts that the order is fully consistent with all Free Exercise Clause standards…
Read more about Andrew Wommack Ministries, Inc. v. Polis (U.S.C.A. 10th Circuit, 2020)

Kennedy v. Bremerton School District (U.S.C.A. 9th Circuit, 2020)

Amicus Brief
This case involves a second appeal by a public high school football coach who filed a lawsuit claiming religious discrimination under the Free Exercise Clause and employment discrimination laws after he was fired for refusing to stop kneeling in prayer at the football field's 50-yard line immediately following every game. This practice started after the school district directed him to stop leading his team in pre- and post-game prayer, which the Coach had done for eight years prior. The Court…
Read more about Kennedy v. Bremerton School District (U.S.C.A. 9th Circuit, 2020)

State of Texas v. Hollins (Supreme Court of Texas; Court of Appeals, 14th Judicial District of Texas, 2020)

Amicus Brief
At issue in this case is a plan by the Harris County Clerk to send ballot-by-mail applications and voting information to all 2.4 million registered voters in Harris County. The Texas Attorney General sued to block this plan, arguing that the planned mailing exceeded the County Clerk’s authority. ADL’s Southwest regional office and the Texas NAACP, represented by the Brennan Center, filed a brief defending the authority of the Harris County Clerk. Following a district judge…
Read more about State of Texas v. Hollins (Supreme Court of Texas; Court of Appeals, 14th Judicial District of Texas, 2020)

Cassell v. Snyders (U.S.C.A. 7th Circuit, 2020)

Amicus Brief
At issue in this case is a church invoking the Free Exercise Clause and Illinois Religious Freedom Restoration Act (ILRFRA) to seek a full exemption from a State coronavirus public-health order that equally limits similarly situated religious and secular communal gatherings to 10 people or less. In rejecting these claims, the legal brief joined by ADL asserts that the order is fully consistent with all Free Exercise Clause standards and does not violate the ILRFRA because it is the best way to…
Read more about Cassell v. Snyders (U.S.C.A. 7th Circuit, 2020)

Fulton v. City of Philadelphia (U.S. Supreme Court, 2020)

Amicus Brief
At issue in this case is a religiously affiliated, taxpayer-funded foster care agency seeking to discriminate against same-sex couples applying to be foster parents. Invoking the Free Exercise Clause, the agency claims that its religious beliefs about same-sex marriage supplant a local anti-discrimination law’s prohibition on sexual orientation discrimination. In rejecting this claim, ADL’s amicus brief asserts that the sought exemption is not permitted by the Free Exercise Clause…
Read more about Fulton v. City of Philadelphia (U.S. Supreme Court, 2020)

Calvary Chapel of Bangor v. Janet Mills (U.S.C.A. 1st Circuit, 2020)

Amicus Brief
At issue in this case is a church invoking the Free Exercise Clause to seek a full exemption from a Maine coronavirus public-health order that equally limits religious and secular communal gatherings to 50 people or less. In rejecting this claim, the legal brief joined by ADL asserts that the order is fully consistent with all Free Exercise Clause standards. Furthermore, the sought exemption is not a permissible religious accommodation. It would violate the Establishment Clause by favoring the…
Read more about Calvary Chapel of Bangor v. Janet Mills (U.S.C.A. 1st Circuit, 2020)

Antietam Battlefield KOA v. Hogan (U.S.C.A. 4th Circuit, 2020)

Amicus Brief
At issue in this case is a church invoking the Free Exercise and Establishment Clauses to seek a full exemption from a Maryland coronavirus stay-at-home order equally limiting religious and secular communal gatherings to 50% of facility capacity. In rejecting these claims, the legal brief joined by ADL asserts that the order is fully consistent with all Free Exercise Clause standards. Furthermore, the sought exemption is not a permissible religious accommodation. It would violate the…
Read more about Antietam Battlefield KOA v. Hogan (U.S.C.A. 4th Circuit, 2020)

Spell v. Edwards (U.S.C.A. 5th Circuit, 2020)

Amicus Brief
At issue in this case is a church invoking the Free Exercise and Establishment Clauses to seek a full exemption from a Louisiana coronavirus stay-at-home order equally limiting religious and secular communal gatherings to 50% of facility capacity. In rejecting these claims, the legal brief joined by ADL asserts that the order is fully consistent with all Free Exercise standards. Furthermore, the sought exemption is not a permissible religious accommodation. It would violate the Establishment…
Read more about Spell v. Edwards (U.S.C.A. 5th Circuit, 2020)

Students for Fair Admissions, Inc. v. President and Fellows of Harvard (U.S.C.A. 1st Circuit, 2020)

Amicus Brief
This case involves a legal challenge to Harvard College’s race-conscious admissions policy, pursuant to which race is considered as one factor among many as part of a holistic evaluation of each individual applicant. Consistent with ADL’s prior affirmative action jurisprudence, ADL filed a brief in support of Harvard on appeal, following a District Court ruling that found that Harvard’s policies do not impose quotas, assign people to categories based on their race, or use…
Read more about Students for Fair Admissions, Inc. v. President and Fellows of Harvard (U.S.C.A. 1st Circuit, 2020)

303 Creative v. Elenis (U.S.C.A. 10th Circuit, 2020)

Amicus Brief
At issue in this case is a business that seeks a religious exemption from a state anti-discrimination law for the purpose of denying wedding-related services to LGBTQ couples. It, however, does not currently sell such services and there is no allegation that the business violated the law. ADL joined a legal brief filed by religious and civil rights organizations asserting that the business’ lawsuit is premature. Even if it was not, the requested exemption is not required by the Free…
Read more about 303 Creative v. Elenis (U.S.C.A. 10th Circuit, 2020)

Trump v. Pennsylvania (U.S. Supreme Court, 2020)

Amicus Brief
At issue in this case is the legality of new federal rules providing excessively broad religious and moral exemptions from the Affordable Care Act’s contraceptive mandate. The mandate requires employer health insurance policies to cover prescription contraception for women without cost sharing. These discriminatory rules harm women because they effectively allow any employer, including public corporations, to opt out of the mandate. The prior rules already exempted houses of worship,…
Read more about Trump v. Pennsylvania (U.S. Supreme Court, 2020)

Oracle America, Inc. v. U.S. Dept. of Labor (U.S. District Court for the District of Columbia, 2020)

Amicus Brief
At issue before the United States District Court for the District of Columbia is whether the U.S. Department of Labor (DOL) and its Office of Federal Contract Compliance Programs (OFCCP) should be able to implement and enforce the government’s longstanding policy against discrimination in government contracting. ADL signed onto an amicus brief that supports the dismissal of a lawsuit brought by Oracle against the DOL and OFCCP — just as trial was getting underway in OFCCP’s …
Read more about Oracle America, Inc. v. U.S. Dept. of Labor (U.S. District Court for the District of Columbia, 2020)

U.S. v. Varner (U.S.C.A. 5th Circuit, 2020)

Amicus Brief
This case involves a transgender criminal defendant who made a written request that the Fifth Circuit refer to her by her preferred name (Katherine Nicole Jett) and pronouns while her appeal is pending. The Fifth Circuit issued a ruling denying Ms. Jett’s request and insisting that the court will continue to refer to her by her given name and by using male pronouns. ADL joined a coalition amicus brief that takes no position on the merits of the underlying criminal case, but urges the…
Read more about U.S. v. Varner (U.S.C.A. 5th Circuit, 2020)

St. James School v. Biel (U.S. Supreme Court, 2020)

Amicus Brief
At issue in this case is the application of the First Amendment’s ministerial employee exception, first recognized by the Court in 2012, to two teachers at different religious, elementary schools. Grounded in constitutionally mandated separation of church and state, it exempts religious institutions from all employment discrimination laws for employees deemed to be ministerial. Lower courts ruled that the teachers could move forward with their respective age and disability discrimination…
Read more about St. James School v. Biel (U.S. Supreme Court, 2020)

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