Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches . . . Continue reading →
Lemon test
A Significant Potential Threat To American Religious Liberty
Remember The “Lemon Test”?
This change in Section 512(a)(7) taxes nonprofit organizations – including houses of worship – for the cost of parking and transit benefits provided to employees. This significant change in the treatment of charitable organizations will require many nonprofit organizations to file federal . . . Continue reading →
Judge Pulskamp: If People Can Gather In Costco, They Can Gather In Church
Defendants’ efforts to distinguish the permitted secular activity from the prohibited religious activity are not persuasive. For example, Defendants contend that the congregations of shoppers in big-box stores, grocery stores, etc., are not comparable to religious services in terms of crowd size, proximity, and length of stay. To the contrary, based on the evidence presented (or lack thereof) and common knowledge, it appears that shoppers at a Costco, Walmart, Home Depot, etc. may —and frequently do—congregate in numbers, proximity, and duration that is very comparable to worshippers in houses of worship. Continue reading →