By: Ken Jensen In Espinoza v. Montana Department of Revenue, 207 L. Ed. 2d 679 (2020), the U.S. Supreme Court held that if a state offers an educational choice program, it cannot bar a religious schools based solely on their religious character. Over fifteen years ago, the Court had held that the Establishment Clause did … Continue reading Espinoza v. Montana Department of Revenue: The Supreme Court leaves more Questions than Answers in State Educational Choice Programs
By: Bria Burgamy In July 2016, San Diego Unified School District (“the District”) began discussions with the Council on American-Islamic Relations (“CAIR”) to create an anti-Islamophobia initiative (“the Initiative”) in its schools. According to a presentation given at a District board meeting, the Initiative intended to “provide resources and strategies to support students during…Ramadan”; “review … Continue reading San Diego Unified School District Settles Case Following Backlash Against Anti-Islamophobia Initiative
By: Robert Bryson Corporate personhood is the legal notion that a corporation is a distinct entity that exists separately from the human being associated with it (like owners, managers, and employees). Corporations got their first breath of life in the Justinian Digest (the latest iteration of the Roman Code). Pope Innocent IV (pontificate from 1243-54) … Continue reading Corporate Personhood: Can a corporation really hold religious views? How did we get here?
By: Ridgeway Woulfe America is undoubtedly in the midst of a painful identity crisis. Childish Gambino released a summer hit entitled “This is America,” where he deftly gives his perception on America. In the video, the happy-go-lucky music and lyrics providing a sense of joy. At points throughout the song, the joyful music gives way … Continue reading Who is America according to “Who is America”
By: Ridgeway Woulfe Last week, we explored the double standard the Supreme Court created by its Masterpiece Cake and its decision to uphold Trump’s nation-based immigration ban (apparently not a Muslim ban, as he routinely stated). In Masterpiece Cake, the Supreme Court held that a Commission’s animus toward a Christian baker was enough to find … Continue reading Supreme Court Promotes a Double Standard for Religious Animus: Muslims to Christians
By: Ken Jensen In her dissent to the majority opinion upholding Trump’s travel ban, Justice Sotomayor identifies a compelling contradiction with the Court’s previous opinion regarding gay wedding cakes. In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, the Court decided whether a baker could refuse to design or bake a cake for a same-sex … Continue reading Supreme Court Promotes a Double Standard for Religious Animus: Presidents to State Commissions
By: Ken Jensen After reading the Court’s opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 138 S. Ct. 1719 (2018), I am struck with how our society is still confused with respect to sexual orientation. The Court struck down the Colorado Civil Rights Commission’s actions to assess a cakeshop owner’s reasons for declining … Continue reading PIAC’s Supreme Court Review: Masterpiece Cake, Ltd. v. Colorado Civil Rights Comm’n.