Amicus Briefs
RFI works to advance religious freedom in culture, politics, and law. Filing friend-of-the-court, or amicus curiae, briefs is an important facet of that work. An amicus curiae brief is filed by a person or entity in a court case who is not a party to the case but who has an interest in the outcome.
The purpose of such a brief is to assist the court in making a just and wise decision. Amicus briefs encourage courts to see the case before them in a broader context. They differ from briefs filed by parties to the case in that they need not adhere strictly to legal arguments germane to the case, but may discuss broader policy concerns.
Although litigation is not RFI’s primary arena of work, RFI often files or joins amicus briefs in order to educate the courts about the broader context and implications for religious freedom of the cases before them.
A Muslim man named Lester Smith who is incarcerated in Georgia has been fighting the state prison system for more than 10 years for permission to wear a full-length beard, as his faith requires. The trial court found that under the Religious Land Use and Institutionalized Person Act (RLUIPA), Georgia could not justify its strict ban on beards longer than half an inch in prison. However, the US Court of Appeals for the Eleventh Circuit ruled against Smith and vacated a partial remedy the district court had awarded him, which would have allowed him to grow a beard up to three inches long.
A Colorado graphic design firm declines to design websites for same-sex weddings because the owner opposes them on religious grounds. The 10th Circuit Court of Appeals held this violates a state law prohibiting businesses from discriminating on the basis of "sexual orientation." The US Supreme Court agreed to hear the case under the free speech clause of the First Amendment.
New York prison officials shut down a longstanding weekly Quaker worship service, conducted by outside volunteers, on security grounds, and unilaterally replaced it with a differently-structured religious service. Incarcerated and non-incarcerated Quakers sued under the First Amendment and Religious Land Use and Institutionalized Persons Act (RLUIPA). The district court dismissed the suit on several grounds, including that prison officials’ replacement of the Quaker worship service did not impinge on the plaintiffs’ religious exercise. The Court of Appeals affirmed.
A guidance counselor at a Catholic high school lost her job after the school learned she was in a same sex “marriage” and sued under Title VII. The district court found the plaintiff’s suit was barred by the First Amendment’s ministerial exception. The plaintiff appealed.
A Texas justice of the peace invites volunteer chaplains of various different faiths to offer prayer before his court proceedings. An atheist group sued, claiming this violates the Establishment Clause. The district court agreed.
Maine offers financial assistance to all students who have no local secondary school except for students who want to attend “sectarian” schools.
A faith-based nonprofit rejected a prospective employee who refused to agree to the organization’s statement of faith. The Washington Supreme Court found that the state’s anti-discrimination law violated the constituion by allowing religious organzations to hire on the basis of religion.
The Massachusetts Supreme Court held that the ministerial exception did not shield a Christian college that fired a professor for rejecting the college’s theological position on same-sex marriage.
A New York regulation mandates that employer health insurance plans cover abortions, including religious entities.
A minister sued his employer, a religious organization. The lower court rejected the argument that the church autonomy doctrine bars judicial review of suits for employment-related torts.
Nevada’s disparate treatment of churches under Covid directives compared to secular venues violates the First Amendment.
New York State is discriminatorily targeting the Orthodox Jewish community in crafting and implementing its Covid restrictions.
New York State is discriminatorily targeting the Orthodox Jewish community in crafting and implementing its Covid restrictions.
New York State is discriminatorily targeting the Orthodox Jewish community in crafting and implementing its Covid restrictions.
The government attempted to moot a constitutional challenge to its policy merely by changing that policy after a lawsuit had been filed.
Philadelphia refused to contract with Catholic Social Services for the provision of foster care services unless CSS agreed to certify same-sex couples as foster parents.
The government attempted to moot a constitutional challenge to its policy merely by changing that policy after a lawsuit had been filed.
Washington State forced a floral designer to provide flowers to same-sex weddings, in violation of her religious beliefs.
The court below held that discrimination against an employee because of sexual orientation or gender identity constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964.
The court below held that a city did not violate the “equal terms” clause of the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it rejected its application to expand.
The court below held that the constitutionality of a religious monument on public land be assessed under the test of Lemon v. Kurtzman, and on that basis found that a Maryland cross monument was unconstitutional.