Hobby Lobby Case to be Heard by Entire 10th Circuit, and Quickly

Written by Don Byrd
The 10th Circuit Court of Appeals has taken an unusual step in Hobby Lobby’s challenge to the contraception mandate. Last week, they granted a motion to hear the case as an entire court (en banc), rather than first reviewing the case with a 3-judge panel as is customary. The court also approved an unopposed motion to expedite the hearing, meaning we should get a final word from the 10th Circuit earlier than initially expected.

KY Legislature Overrides Governor’s Veto of Religious Freedom Bill

Written by Don Byrd
Following Governor Steve Beshear’s veto of Kentucky’s version of a Religious Freedom Restoration Act, the Kentucky legislature has voted to override the move. The federal government and many states have enacted versions of the bill, which – in a nutshell – makes it tougher for the state to substantially infringe on religious exercise, by requiring a “compelling government interest.”

9th, 11th Circuits Uphold Government Prayer Policies Despite Sectarian Invocations

Written by Don Byrd
The 9th Circuit Court of Appeals today upheld the constitutionality of Lancaster, California’s City Council prayer policy against charges that it violates the separation of church and state.

Here, the court emphasized that because Lancaster’s policy takes great pains to avoid favoritism in determining who will give the prayer, the fact that the policy does not require nonsectarian invocations is unconcerning.

Indiana Supreme Court Upholds Voucher Program

Written by Don Byrd
The Indiana Supreme Court today rejected arguments that the state’s school voucher program violates provisions in the state constitution prohibiting the state from supporting, or compelling individuals to support, a religious institution.