Courts & Judicial Interpretation

Amicus, Courts & Judicial Interpretation, Education & Youth, Freedom of Expression, Labor and Employment

Employment Discrimation and Who is a "Minister"?

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In a unanimous decision, the Supreme Court held on Wednesday that a “ministerial exception” barred a parochial school teacher from pursuing an employment discrimination claim against the church that runs the school. This opinion dramatically limits the scope of protection provided to religious employees under the “primary duties” test, the standard previously used by several federal circuits. Although lower courts can continue to carve out areas in which exceptional circumstances may compel the conclusion that the ministerial exception need not apply, “ministers” now receive no protection under civil rights or other discrimination statutes.

Amicus, Courts & Judicial Interpretation, Criminal Justice, Freedom of Expression

Mass. Terror Trial Asks When Supporting Ideas Becomes Supporting Actions

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The defense attorneys for Tarek Mehanna, on trial in federal court in Boston accused of providing material support for terrorism, will try to convince a jury that Mehanna is being denied his “freedom of thought and the right of private judgment,” and that in fact it was his opinions about the United States and its military involvement in the Muslim world that the prosecution seeks to punish.

Amicus, Courts & Judicial Interpretation, Poverty and Economic Justice, Reproductive Rights, Sex Equality

Abortion Battle Not Over in Kansas

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Last Thursday, a federal judge in Kansas denied the ACLU’s motion for a preliminary injunction against the enforcement of a state law that bars insurance plans from covering elective abortions unless women or their employers purchase a separate rider calculated to cover all associated costs. The law is a clear step in the wrong direction for ensuring that a woman’s choice is protected. In spite of the courts denial, however, all is not lost.

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