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 When two Christian high schools made it to a championship football game organized by a state athletic association, they sought to use the stadium loud…
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 1. Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state…
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 This Court has "repeatedly held that a State violates the Free Exercise Clause when it excludes religious observers from otherwise available public be…
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 1. Where federal employees acting in their official capacity violate 76 OK Stat § 1 and the First Amendment's Establishment Clause by harming Mr. Hepb…
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 Question not identified.
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 Question not identified.
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 of a public retirement fund have standing to bring a First Amendment facial challenge to a state statute that requires funds to div…
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 This is a vital case of first impression concerning our most sacred rights of religious freedom and the very nature of the Church and State as separat…
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? Whether the State …
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 Question 1: Whether or not Petitioner is entitled to a trial by jury in civil federal income tax cases as mandated by the Seventh Amendment? Question…
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 1. Regarding the American court's absolute faith in human-made vaccine concoctions, which is an important national and public issue, is it truly this …
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 Where a parishioner freely executes a religious arbitration agreement with her church, does the First Amendment prohibit enforcement of the agreement …
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 This Appeal chAims to inu olve a Constitu tion Al qvestion inuoluing Both the U.S. PUBLiC and Ohio constitution Aowestion
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 1. Whether summary reversal is warranted where the Seventh Circuit did not consider this case in light of Espinoza v. Montana Dep't of Revenue, 591 U.…
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 Question not identified.
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 1. Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in 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 I. Whether failure to serve anyone my Delaware Supreme Court Brief, after the Defendant, President Trump, was removed from office was fatal error, giv…
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 (1) Whether the District Court abused its discretion retaining jurisdiction over the Declaratory Judgment Act (28 USC § 2201(a)) in the insurance disp…
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 Virginia law provides an exemption from property taxes for "[r]eal property and personal property owned by churches * * * and exclusively occupied or …
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 1. Whether the First Circuit's failure to apply this Court's forum doctrine to the First Amendment challenge of a private religious organization that …
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 The First question presented is whether the Navy's grant of unbridled power to reject Non-denominational chaplains to serving as chaplain selection bo…
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? Whether Sharia is untouchable? Whether the Court erred in not granting the injunction and n…
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 (1) Whether the Free Exercise Clause of the First Amendment prohibits the government from discriminating against houses of worship by restricting the …
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 Six members of a reservation-based tribal police force, while in uniform, using a marked vehicle and carrying departmental firearms, during a sabbath …
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 1. Whether Section 3301(d) of the Pennsylvania Divorce Code, commonly known as unilateral no-fault divorce, is a viewpoint-based statute in violation …
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 1. Is the Establishment Clause violated by the proclamation in an abortion statute that "The life of each human being begins at conception. Abortion w…
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 May the federal government continue to degrade Atheists from the equal rank of citizens by repeatedly, flagrantly, and facially lending its power to M…
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 1. Is it permissible for courts to consider religion as an aggravating factor in determining sentences, or to favor a religion by sentencing defendant…
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 1. Does a city council rule prohibiting private citizens from making disparaging comments about religion when speaking during the public comment perio…
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 1. When a death-sentenced inmate informs prison authorities a month in advance of his scheduled execution date of his desire to be accompanied during …
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 1. Whether WMATA's policy of refusing to accept advertisements that promote or oppose religion or reflect a religious perspective violates the First A…
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 For the past several decades, courts have struggled to determine when public schools may permissively teach about religion and when public schools cro…
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 1. Can the New York State Judicial Branch refuse to issue a writ of mandamus when the executive branch defies the legislative branch; 2. Can the New …
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 (1) Whether Congress violates the Establishment Clause when it makes laws respecting an establishment of Monotheism, thus perpetuating and exacerbatin…
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 Question not identified.
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 Npitzke 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 Pursuant to 28 U.S.C. § 2403(a), may apply because neither the W.D.N.Y. federal district court, nor the U.S. C.A. 2dCir. certified to the U.S. Attorne…
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 When a State permits members of some faiths (e.g., Christians) to be accompanied in the execution chamber during the execution by a clergyperson of th…
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 Does it violate the Religion Clauses or Equal Protection Clause of the United States Constitution to invalidate a generally available and religiously …
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 (l) Whether Petitioner's sentence of 324 months violates due process because the district court failed to rely upon Georgia's state law to interpret a…
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 1. Whether the presumption in § 407(b)(2) —that structures with traditional characteristics associated with churches or synagogues are places used pri…
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 The trial court entered its Final Order disposing, inter alia, of Church Property, predicated upon a judicial determination that Grace Presbyterian wa…
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 Mr. Merrick alleged that he had a right to practice his sincerely held personal religious beliefs, especially when inmates of other religious farths w…
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 1. In ordinary trust and property disputes does the Establishment Clause preclude courts from considering secular evidence that is relevant and admiss…
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 1. Whether using generally available historic preservation funds to repair or restore a house of worship constitutes a "religious use" that falls outs…
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 1. Whether plaintiffs have standing to sue under the Establishment Clause when their only alleged injury consists of the feelings of "offense" produce…
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.