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    Hein, One Year Later: The Future of Church-State Litigation

    Washington, D.C. In the Hein v. Freedom From Religion Foundation decision in June 2007, the U.S. Supreme Court made it more difficult for courts to enforce the Establishment Clause’s restrictions on government funding of religion. In Hein, the high court ruled that unless a legislative body has specifically directed funding to a religious organization or […]

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    Courts Will Decide Church Property Disputes

    In 2003, the Episcopal Church, USA, ordained a gay bishop, igniting an intense debate within the church over its views on homosexuality. Some local congregations that opposed the ordination voted to break away from the national denomination, leading to complicated legal disputes over the ownership of church property. There have been a number of similar […]

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    In Brief: Hein v. Freedom From Religion Foundation

    (Updated Aug. 13, 2008) In Hein v. Freedom From Religion Foundation (2007), the U.S. Supreme Court limited the power of federal courts to enforce the Establishment Clause’s restrictions on government funding of religion. In Hein, the high court ruled that unless a legislative body has directly authorized such funding, citizens do not have the right […]

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    Courts Not Silent on Moments of Silence

    In October 2007, the state of Illinois passed a law requiring its public schools to lead students each morning in a moment of silence for “reflection and student prayer.” Illinois already had a law on the books permitting schools to lead such moments of silence. But the Illinois General Assembly, overriding Gov. Rod Blagojevich’s veto, […]

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    The Supreme Court Considers New Case on Capital Punishment

    On April 16, the U.S. Supreme Court will hear oral arguments in a case challenging the constitutionality of a Louisiana statute that allows for the death penalty in cases involving child rape. More specifically, the court will determine whether the law violates the U.S Constitution’s Eighth Amendment, which prohibits “cruel and unusual punishments.” The case, […]

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    Politics and the Pulpit 2008

    During every election cycle, many religious congregations find themselves wondering what role, if any, they can play in the political process. Can a minister, rabbi, imam or other member of the clergy endorse a candidate from the pulpit or speak on political issues of interest to voters? Is a church or other house of worship […]

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    From Roe to Stenberg: A History of Key Abortion Rulings by the Supreme Court

    Navigate this document Roe v. Wade The Post-Roe Court Casey and Stenberg Reproductive issues were largely a private affair early in American history. Although abortion was deemed illegal under English common law, the state rarely took any interest in prosecuting those cases that became public. Public attitudes changed dramatically in the early 19th century, driven […]

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    A Delicate Balance: The Free Exercise Clause and the Supreme Court

    In a new series of occasional reports, “Religion and the Courts: The Pillars of Church-State Law,” the Pew Forum on Religion & Public Life explores the complex, fluid relationship between government and religion. Among the issues to be examined are religion in public schools, displays of religious symbols on public property, conflicts concerning the free […]