5th Circuit: Ban on Inmate Beards in Texas Violates RLUIPA

Written by Don Byrd
Last week, the 5th Circuit U.S. Court of Appeals sided with a Muslim inmate in his lawsuit against the Texas Department of Criminal Justice over its ban on beards. Willie Garner argued the state could demonstrate the rule is the least restrictive means of achieving a compelling interest, as required by the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court agreed.

Will the Supreme Court Take Action in Graduation Case?

Written by Don Byrd
One of the most contentious areas of church-state battle in recent years has been the use of churches as a venue for high school graduation ceremonies. In Elmbrook, Wisconsin, a federal appeals court last year ruled the trappings of the event represented “an unacceptable amount of religious endorsement and coercion.” The entire 7th Circuit heard the case and voted 7-3 to strike down the arrangement as unconstitutional.

NC Legislators Propose State Religion Bill, BJC Responds [UPDATED]

Written by Don Byrd
A new proposed law in North Carolina asserts that the First Amendment’s Establishment Clause does not apply to states, an argument that would take the legislature back to the hot button topics of the 1800s. That question was resolved definitively by the Supreme Court in 1947, which said that it most certainly does apply to states.

Jesus Portrait Case Takes a Twist, Picture Comes Down

Written by Don Byrd
Until yesterday, the Jackson School District in Ohio has refused to remove a portrait of Jesus, which hung first in a middle school , later moved to a high school, despite a church-state lawsuit claming such a depiction should not be displayed in a public school. The school district has resisted using the…creative, let’s call it, argument that the portrait isn’t school speech, but belongs to the student club that first put it up, some 60 years ago.