establishment-clause

57 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6392 Christopher Tyler Bray v. Texas Texas 2025-12-17 Pending IFP constitutional-law establishment-clause first-amendment free-exercise-clause government-interest religious-freedom What is the meaning of religion as it concerns the Free Exercise Clause and the Establishment Clause of the 1st Amendment, and what are the implicatio…
25-6146 William G. Roberson, IV v. Thomas J. Dart, Sheriff, Cook County, Illinois Seventh Circuit 2025-11-18 Denied IFP civil-rights establishment-clause first-amendment government-liability procedural-obstacles religious-coercion Whether the Establishment Clause of the First Amendment is violated when a pretrial detainee is compelled to attend a court hearing conducted in the s…
25-6058 Raymond E. Lumsden v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2025-11-06 Denied Response WaivedIFP equal-protection establishment-clause first-amendment prison-ministry religious-discrimination rluipa 1. Does.Texas' Partnership With The 'Heart'Of Texas College Of Ministry, A Solely Christian-Based Organization Housed And Operated On A Texas Prison…
25-256 Libby Hilsenrath, on Behalf of Her Minor Child, C. H. v. Chathams School District Board of Education Third Circuit 2025-09-04 Denied establishment-clause first-amendment free-exercise-clause parental-rights public-school religious-freedom Whether a public school violates the Establishment Clause by assigning content that proselytizes for, extols, and gives favored treatment to Islam (or…
24-1261 Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc. Eleventh Circuit 2025-06-10 Denied Amici (24)Response RequestedRelisted (2) establishment-clause free-exercise free-speech government-speech religious-liberty santa-fe-doctrine Whether Santa Fe Independent School District v. Doe compels a finding of government speech where two private Christian schools sought to engage in com…
24-396 St. Isidore of Seville Catholic Virtual School v. Gentner Drummond, Attorney General of Oklahoma, ex rel. Oklahoma Oklahoma 2024-10-09 Judgment Issued Relisted (3) charter-schools establishment-clause free-exercise-clause pedagogical-choice religious-discrimination state-action Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter school program solely because …
24-394 Oklahoma Statewide Charter School Board, et al. v. Gentner Drummond, Attorney General of Oklahoma, ex rel. Oklahoma Oklahoma 2024-10-09 Judgment Issued Amici (2)Relisted (3) charter-schools educational-rights establishment-clause free-exercise-clause religious-discrimination state-action Whether a state violates the Free Exercise Clause by excluding privately run religious schools from a charter-school program solely based on religious…
24-5654 Vincent L. Hepburn v. United States Tenth Circuit 2024-09-27 Denied Response WaivedIFP damages-claim establishment-clause federal-tort-claims-act first-amendment official-capacity religious-freedom Whether federal employees can be held liable under the Federal Tort Claims Act for alleged Establishment Clause violations related to religious promot…
23A683 Jill Hile, et al. v. Michigan, et al. Sixth Circuit 2024-01-24 Presumed Complete constitutional-challenge education-funding establishment-clause first-amendment parent-advocacy school-choice Whether state-level educational choice policies that provide funding or support for alternative education options violate the Establishment Clause or …
23-5799 Donald L. Missimer, Jr. v. Jay Forshey, Warden Ohio 2023-10-18 Denied Response WaivedIFP civil-rights due-process establishment-clause free-exercise standing state-action Whether the Ohio Supreme Court erred in its interpretation and application of the Establishment Clause of the First Amendment to the United States Con…
23-39 Haseeb Abdullah v. Ken Paxton, Attorney General of Texas, et al. Fifth Circuit 2023-07-14 Denied Response Waived article-iii civil-rights due-process establishment-clause fiduciary-duty first-amendment free-speech ideological-viewpoint standing Does a beneficiary have standing for a First Amendment challenge to a state statute requiring divestment from companies boycotting Israel?
22-1093 Mark Anthony Spell, et al. v. John Bel Edwards, et al. Fifth Circuit 2023-05-09 Denied Amici (4)Response Waived church-assembly church-state-separation establishment-clause first-amendment founders-intent free-exercise free-exercise-clause religious-freedom religious-liberty state-restrictions Whether the State's restrictions on church assembly and worship violate the Establishment and Free Exercise Clauses under the Founders' understanding
22-954 Justin Marcus Zinman v. California California 2023-03-30 Denied Response Waived civil-rights establishment-clause first-amendment free-speech homeland-defense political-ideology second-amendment state-secrets takings Whether allowing a Progressive political ideology to influence the law violates the Establishment clause of the First Amendment?
22-292 James D. Sullivan v. Commissioner of Internal Revenue Fourth Circuit 2022-09-27 Denied Response WaivedRelisted (2) establishment-clause free-exercise government-speech lemon-test public-forum religious-display Whether the lower court erred in its application of the Lemon test to the government's display of a religious monument
22-278 City of Ocala, Florida v. Art Rojas, et al. Eleventh Circuit 2022-09-23 Denied Relisted (6) article-iii civil-rights establishment-clause free-speech observer-standing psychic-injury religious-event religious-expression standing Is psychic or emotional offense allegedly caused by observation of religious messages an injury sufficient to confer standing under Article III of the…
22-5408 Lady Donna Dutchess v. Jason Dutch Alaska 2022-08-19 Denied IFP civil-rights establishment-clause first-amendment free-exercise lemon-test medical-scientology religious-freedom vaccine-mandate vaccine-mandates Is the court's faith in vaccine mandates an unconstitutional establishment of the religion of medical scientology?
22-60 Church of Scientology International, et al. v. Chrissie Carnell Bixler, et al. California 2022-07-21 Denied Amici (5)Response Waived arbitration-agreement church-membership civil-procedure establishment-clause first-amendment free-exercise freedom-of-religion religious-arbitration Does the First Amendment prohibit enforcement of a religious arbitration agreement if a parishioner leaves the faith?
21-7912 Jack A. Courtney v. Motorists Mutual Insurance Company Ohio 2022-05-18 Denied IFP establishment-clause first-amendment government-endorsement public-forum religious-display separation-of-church-and-state Whether the lower court erred in its interpretation and application of the Establishment Clause of the First Amendment
21-1295 St. Augustine School, et al. v. Jill Underly, in Her Official Capacity as Superintendent of Public Instruction, et al. Seventh Circuit 2022-03-28 Denied constitutional-claims doctrinal-determination establishment-clause first-amendment free-exercise free-exercise-clause government-interference public-benefits religion-clauses religious-preference summary-reversal Whether summary reversal is warranted
21-6019 James Paul Arlotta v. His Holiness Pope Francis, et al. Second Circuit 2021-10-19 Dismissed IFP appearances-of-impropriety bankruptcy-court civil-rights conflicts-of-interest constitutional-questions court-jurisdiction due-process establishment-clause judicial-proceedings legal-review recusal Whether the court will adhere to the Establishment Clause of the First Amendment in light of the apparent conflicts of interest and impropriety involv…
21-418 Joseph A. Kennedy v. Bremerton School District Ninth Circuit 2021-09-16 Judgment Issued Amici (68)Relisted (2) constitutional-rights establishment-clause first-amendment free-exercise free-speech public-employment public-school religious-expression Whether public-school-employee-speech-is-government-speech
21-5522 Meghan Kelly v. Donald J. Trump Delaware 2021-08-30 Denied IFP civil-procedure establishment-clause executive-order free-exercise-of-religion government-religion mootness religious-freedom-restoration-act ripeness service-of-process standing substitution-of-parties Whether failure to serve the brief was fatal error
21-191 Sergei Vinkov v. United States District Court for the Central District of California, et al. Ninth Circuit 2021-08-11 Denied case-or-controversy civil-rights constitutional-claims declaratory-judgment diversity-jurisdiction establishment-clause first-amendment free-speech insurance-coverage standing subject-matter-jurisdiction Whether the District Court abused its discretion retaining jurisdiction over the Declaratory Judgment Act (28 USC § 2201(a)) in the insurance dispute
21-164 Trustees of the New Life In Christ Church v. City of Fredericksburg, Virginia Virginia 2021-08-04 Denied Amici (6)Relisted (10) church-autonomy church-state-separation civil-authority civil-rights establishment-clause first-amendment free-speech ministerial-exception ministerial-exemption property-tax religious-doctrine religious-freedom Whether civil authorities violate the First Amendment when they engage in their own interpretation of church doctrine to overrule a church's determina…
20-1800 Harold Shurtleff, et al. v. City of Boston, Massachusetts, et al. First Circuit 2021-06-24 Judgment Issued Amici (24) content-discrimination establishment-clause first-amendment flag-display free-speech government-speech public-forum religious-expression religious-viewpoint viewpoint-discrimination Whether the First Amendment prohibits the City of Boston from denying a private religious organization's request to briefly display its flag on a city…
20-1794 Chaplaincy of Full Gospel Churches, et al. v. Department of the Navy, et al. District of Columbia 2021-06-23 Denied Response Waived access-to-courts chaplain-selection civil-rights due-process equal-protection establishment-clause government-neutrality religious-discrimination standing Whether the Navy's grant of unbridled power to reject Non-denominational chaplains to serve as chaplain selection board members violated rulings in Gr…
20-1405 Tarek Farag v. Ali Waqas Illinois 2021-04-07 Denied civil-rights constitutional-challenge due-process equal-protection establishment-clause first-amendment free-speech injunctive-relief judicial-discretion legal-procedure religious-freedom religious-law Whether Sharia is contrary to our Constitution and laws?
20-1346 Calvary Chapel of Bangor v. Janet T. Mills, Governor of Maine First Circuit 2021-03-25 Denied Response RequestedResponse WaivedRelisted (2) employment-division-v-smith establishment-clause first-amendment free-exercise free-exercise-clause government-discrimination jacobson-v-massachusetts pandemic-restrictions preliminary-injunction religious-liberty strict-scrutiny temporary-restraining-order Whether the Free Exercise Clause prohibits government discrimination against houses of worship
20-791 Eglise Baptiste Bethanie De Ft. Lauderdale, Inc., et al. v. Seminole Tribe of Florida, et al. Eleventh Circuit 2020-12-09 Denied Response RequestedRelisted (2) access-act civil-remedies civil-rights establishment-clause first-amendment free-exercise-clause freedom-of-access-to-clinic-entrances-act off-reservation-conduct religious-worship tribal-sovereign-immunity Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the 'pl…
20-590 Ryan Pankoe v. Laura Pankoe Pennsylvania 2020-11-03 Denied divorce divorce-law establishment-clause no-fault-divorce pennsylvania-constitution public-policy subject-matter-jurisdiction viewpoint-based whether-section-3301(d)-of-the-pennsylvania-divorce-code-is-unconstitutional
20-534 All Saints' Episcopal Church (Fort Worth) v. The Episcopal Diocese of Fort Worth, et al. Texas 2020-10-22 Denied Amici (1)Relisted (2) church-property-dispute church-property-disputes ecclesiastical-question establishment-clause express-trust-provision free-exercise free-exercise-clause jones-v-wolf neutral-principles neutral-principles-of-law Whether the Texas Supreme Court's decision awarding petitioner's sanctuary and rectory to a dissident faction in contravention of the will of petition…
20-385 Judy Doe v. Michael L. Parson, Governor of Missouri, et al. Eighth Circuit 2020-09-24 Denied Response Waived abortion abortion-rights constitutional-challenge due-process establishment-clause free-exercise free-exercise-clause religious-belief religious-liberty undue-burden undue-burden-standard Is the Establishment Clause violated by the proclamation that 'The life of each human being begins at conception. Abortion will terminate the life of …
20-340 Olga Paule Perrier-Bilbo v. United States, et al. First Circuit 2020-09-15 Denied Response Waived civil-rights equal-protection establishment-clause first-amendment free-exercise freedom-of-religion government-endorsement religious-discrimination standing Whether the federal government may continue to degrade atheists from the equal rank of citizens by repeatedly, flagrantly, and facially lending its po…
19-8681 Sung Hong, et ux. v. United States Ninth Circuit 2020-06-12 Denied Response WaivedIFP affinity-fraud aggravating-factors civil-rights constitutional-law due-process establishment-clause free-exercise holguin-hernandez-v-united-states plain-error-review religious-sentencing sentencing sentencing-guidelines whether-courts-can-consider-religion-as-aggravating-factor-in-sentencing
19-758 Kamal Anwiya Youkhanna, et al. v. City of Sterling Heights, Michigan, et al. Sixth Circuit 2019-12-13 Denied Response Waived civil-rights consent-decree establishment-clause first-amendment free-speech local-government municipal-law public-forum religion religious-freedom zoning zoning-law Does a city council rule prohibiting private citizens from making disparaging comments about religion when speaking during the public comment period o…
19-348 St. James School v. Darryl Biel, as Personal Representative of the Estate of Kristen Biel Ninth Circuit 2019-09-17 Judgment Issued Amici (4) civil-courts civil-rights due-process employment-discrimination establishment-clause first-amendment free-exercise free-speech hosanna-tabor ministerial-exception religion-clauses Whether the Religion Clauses prevent civil courts from adjudicating employment discrimination claims brought by an employee against her religious empl…
18-9832 Patrick H. Murphy v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. Fifth Circuit 2019-06-27 Denied Amici (1)IFP civil-rights death-penalty death-row due-process establishment-clause free-exercise free-exercise-clause pastoral-accompaniment religious-liberty rluipa When a death-sentenced inmate informs prison authorities a month in advance of his scheduled execution date of his desire to be accompanied during the…
18-1455 Archdiocese of Washington v. Washington Metropolitan Area Transit Authority, et al. District of Columbia 2019-05-22 Denied Amici (3)Relisted (5) civil-rights content-discrimination establishment-clause first-amendment free-speech government-speech public-forum religious-freedom viewpoint-discrimination Whether WMATA's policy of refusing to accept advertisements that promote or oppose religion or reflect a religious perspective violates the First Amen…
18-1438 Caleigh Wood v. Evelyn Arnold, et al. Fourth Circuit 2019-05-16 Denied Response RequestedResponse WaivedRelisted (3) 1st-amendment compelled-speech curriculum establishment-clause First-Amendment free-speech Lemon-Test lemon-v-kurtzman preferential-treatment public-school Public-School-Curriculum public-schools religion Religious-Freedom religious-practices Whether public schools may require students to assert religious beliefs and recite prayers that offend their religious convictions
18-1322 The Alliance to End Chickens as Kaporos, et al. v. New York City Police Department, et al. New York 2019-04-18 Denied Response Waived animal-cruelty establishment-clause executive-branch free-exercise judicial-branch legislative-branch mandamus separation-of-powers standing writ-of-mandamus Can the New York State Judicial Branch refuse to issue a writ of mandamus when the executive branch defies the legislative branch?
18-1297 New Doe Child #1, et al. v. United States, et al. Eighth Circuit 2019-04-12 Denied Response Waived atheism currency-inscription due-process equal-protection establishment-clause monotheism political-disenfranchisement religious-freedom religious-freedom-restoration-act Whether Congress violates the Establishment Clause when it makes laws respecting an establishment of Monotheism, thus perpetuating and exacerbating th…
18-8764 Tatyana Evgenievna Drevaleva v. Department of Veterans Affairs, et al. Ninth Circuit 2019-04-09 Denied Response WaivedIFP administrative-hearing calfresh-benefits civil-procedure civil-rights compelled-speech county-notice establishment-clause first-amendment food-stamps free-speech hearing-rights notice public-assistance state-hearing utility-allowance wedding-services welfare-assistance Whether the Establishment Clause of the First Amendment prohibits the government from requiring a private business to create custom wedding invitation…
18-8669 James Paul Arlotta v. David Anthony Heraty, et al. Second Circuit 2019-04-02 Denied IFP civil-procedure civil-rights civil-rights,due-process,standing,civil-procedure, due-process establishment-clause excessive-entanglement first-amendment in-forma-pauperis section-1983-violation standing Why did the U.S. C.A. 2d Cir. cite the S. Ct. Case Neitzke v. Williams, 490 U.S. (1989); when the . petitioner's in forma pauperis motion was approved…
18-8637 James Paul Arlotta v. Niagara Frontier Transportation Authority, et al. Second Circuit 2019-03-29 Denied IFP civil-procedure civil-rights civil-rights-act due-process establishment-clause fair-hearing reverse-discrimination standing title-vi transportation-discrimination transportation-services Whether the constitutionality of an Act of Congress was properly drawn into question
18-8615 In Re Patrick Henry Murphy 2019-03-28 Denied IFP capital-punishment civil-rights due-process equal-protection establishment-clause execution-protocol first-amendment free-exercise religious-accommodation religious-freedom state-procedure Whether the Constitution or federal statutory law requires that members of all faiths be permitted to be accompanied in the execution chamber by a min…
18-1195 Kendra Espinoza, et al. v. Montana Department of Revenue, et al. Montana 2019-03-14 Judgment Issued Amici (64)Relisted (2) constitutional-law equal-protection establishment-clause first-amendment free-exercise religion-clauses religious-schools school-choice student-aid Invalidation of a religiously neutral student-aid program due to inclusion of religious schools
18-7946 Robert Hawkins v. United States Seventh Circuit 2019-02-13 Denied Response WaivedIFP civil-procedure civil-rights due-process establishment-clause first-amendment free-exercise free-speech separation-of-church-and-state standing takings Whether the lower court erred in its application of the Establishment Clause of the First Amendment to the U.S. Constitution
18-7515 Jafaria Deforrest Newton v. Illinois Illinois 2019-01-24 Denied Response WaivedIFP burden-of-proof criminal-law criminal-penalty due-process equal-protection establishment-clause first-amendment presumption religious-worship statutory-presumption Whether the presumption in § 407(b)(2) comports with the Due Process Clause as to the State's burden of proof
18-921 Roman Catholic Archdiocese of San Juan, Puerto Rico v. Yali Acevedo Feliciano, et al. Puerto Rico 2019-01-16 GVR CVSGAmici (5)Relisted (16) church-autonomy church-hierarchy church-structure civil-courts civil-rights ecclesiastical-rights ecclesiastical-structure establishment-clause first-amendment free-speech religious-organization Whether the First Amendment empowers courts to override the chosen legal structure of a religious organization and declare all of its constituent part…
18-636 The Pure Presbyterian Church of Washington, et al. v. The Grace of God Presbyterian Church Virginia 2018-11-16 Dismissed church-property civil-procedure constitutional-competence ecclesiastical-abstention establishment-clause first-amendment free-exercise merger-analysis neutral-principles religious-freedom religious-organizations subject-matter-jurisdiction Whether the trial court's determination that Grace Presbyterian was the successor church to Pure Presbyterian, which was held to have been extinguishe…
18-6606 Anthony James Merrick v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2018-11-07 Denied Response WaivedIFP civil-rights due-process establishment-clause free-speech religious-freedom standing Does the lack of a workable test for determination of religious sincerity create arbitrary decisions based on bias that effectively violate the Establ…
18-530 Congregation Jeshuat Israel v. Congregation Shearith Israel First Circuit 2018-10-24 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) charitable-trusts diversity-jurisdiction erie-doctrine establishment-clause evidence federalism free-exercise free-exercise-clause personal-property property property-dispute religious-liberty secular-evidence trust trust-law In ordinary trust and property disputes, does the Establishment Clause preclude courts from considering secular evidence that is relevant and admissib…
18-364 Morris County Board of Chosen Freeholders, et al. v. Freedom From Religion Foundation, et al. New Jersey 2018-09-20 Denied Amici (2)Relisted (6) civil-rights establishment-clause first-amendment free-exercise free-exercise-clause free-speech government-funding historic-preservation public-funding religious-status status-based-discrimination trinity-lutheran trinity-lutheran-precedent Whether using generally available historic preservation funds to repair or restore a house of worship constitutes a religious use' that falls outside …
18-365 The Presbyterian Church in Morristown, et al. v. Freedom From Religion Foundation, et al. New Jersey 2018-09-20 Denied Relisted (6) church-state-separation constitutional-rights establishment-clause free-exercise free-exercise-clause free-speech government-funding government-grants historic-preservation religious-discrimination religious-neutrality standing status-use-distinction Does the categorical exclusion of active houses of worship from a competitive government grant program advancing the secular interest of historic pres…
18-351 City of Pensacola, Florida, et al. v. Amanda Kondrat'yev, et al. Eleventh Circuit 2018-09-18 GVR Amici (5)Relisted (3) constitutional-law endorsement establishment-clause first-amendment historical-pedigree lemon-test passive-display passive-religious-display religious-display standing town-of-greece Whether plaintiffs have standing to sue under the Establishment Clause when their only alleged injury consists of the feelings of offense' produced by…
18-18 Maryland-National Capital Park and Planning Commission v. American Humanist Association, et al. Fourth Circuit 2018-07-03 Judgment Issued Amici (5)Relisted (5) civil-rights constitutional-interpretation establishment-clause first-amendment free-speech government-speech monument public-display reasonable-observer religious-symbol standing war-memorial Whether the Establishment Clause requires the removal or destruction of a 93-year-old memorial to American servicemen who died in World War I solely b…
18-12 Joseph A. Kennedy v. Bremerton School District Ninth Circuit 2018-07-02 Denied Amici (7)Relisted (12) coaches constitutional-rights employment-rights establishment-clause first-amendment free-speech public-employment public-forum public-school religious-expression school-speech teachers tinker-v-des-moines Whether public school teachers and coaches retain any First Amendment rights when at work and in the general presence of' students