10th Circuit Hears Hobby Lobby Appeal

Written by Don Byrd
Last week, the 10th Circuit U.S. Court of Appeals heard the contraception mandate case involving Hobby Lobby’s challenge of the federal health case law known as Obamacare.This is both the most high profile and seemingly the farthest along of any of the disputes pitting the Department of Justice against a private employer seeking to avoid the contraception coverage requirement on religious freedom grounds.

Arizona Senate Passes Changes to RFRA, Sends to Governor

Written by Don Byrd
I posted earlier about the Arizona bill making its way through the legislature that would broaden the free exercise protections in the state’s Religious Freedom Restoration Act. Among other changes, the bill would allow plaintiffs to bring suit for “potential violations.”

Here’s a quick update: yesterday the Senate passed the measure “with little debate” and sent it to the Governor for her signature. While proponents argue the change is not substantive, others are concerned about the unknown.

Is the Endorsement Test on the Chopping Block?

Written by Don Byrd
The Supreme Court’s decision earlier this week to take up the issue of legislative prayer for the first time in 30 years leaves many questions about the future of the government prayer balance. Veteran reporter Lyle Deniston considers what this decision likely means in a new essay for Constitution Daily. The Appeals Court used the endorsement test – the view that government action is improper if it gives the appearance of an affiliation or endorsement with a religious perspective – to invalidate the prayer practice of Town of Greece. Is that the problem?

Supreme Court Agrees to Hear City Council Prayer Case

Written by Don Byrd
Whether the court of appeals erred in holding that a legislative prayer practice violates the Establishment Clause notwithstanding the absence of discrimination in the selection of prayer-givers or forbidden exploitation of the prayer opportunity.”

Arizona Lawmakers Seek to Broaden State RFRA

Written by Don Byrd
Arizona’s Religious Freedom Restoration Act (RFRA) has been law for several years. The state’s RFRA echoes the federal bill of the same name, requiring the government to demonstrate a compelling state interest to justify substantial burdens on religious exercise. Some lawmakers in Arizona have decided that high standard of scrutiny does not go far enough in protecting free exercise. SB 1178 as passed by the House alters the definitions to many important words and phrases in RFRA.