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Yesterday, in a complicated series of eight opinions from 16 judges spanning 100 pages, a majority of the U.S. 5th Circuit Court of Appeals, sitting en banc, held that Plano, Texas school principals had qualified immunity in a lawsuit charging them with restricting elementary school students’ distribution of religious literature because the law was not [...]

In an en banc opinion in Alcazar v. Rosas, (9th Cir., Dec. 10, 2010), the full 9th Circuit vacated the portion of the 3-judge panel’s decision that adopted a new definition for who is a minister for purposes of the “ministerial exception” doctrine. (See prior posting.) At issue is a challenge by a Catholic seminarian who alleged [...]

In Catholic League for Religious and Civil Rights v. City and County of San Francisco, (9th Cir., Oct. 22, 2010), the U.S. 9th Circuit Court of Appeals yesterday, en banc, dismissed a lawsuit brought by the Catholic League and two individual Catholics challenging on Establishment Clause grounds a resolution passed by the San Francisco (CA) Board of [...]