Religious Liberty
Tamer Mahmoud v. Monifa McKnight
On October 30, 2023, the ACLU and ACLU of Maryland filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit supporting the Montgomery County Public Schools (MCPS) in its efforts to ensure that its English curriculum is LGBTQ-inclusive.
Status: Ongoing
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U.S. Supreme Court
Apr 2022
Religious Liberty
+2 Issues
FBI v. Fazaga
In a case scheduled to be argued before the U.S. Supreme Court on November 8, 2021, three Muslim Americans are challenging the FBI’s secret spying on them and their communities based on their religion, in violation of the Constitution and federal law. In what will likely be a landmark case, the plaintiffs — Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim — insist that the FBI cannot escape accountability for violating their religious freedom by invoking “state secrets.” The plaintiffs are represented by the Center for Immigration Law and Policy at UCLA School of Law, the ACLU of Southern California, the American Civil Liberties Union, the Council for American Islamic Relations, and the law firm of Hadsell Stormer Renick & Dai.
U.S. Supreme Court
May 2020
Religious Liberty
Little Sisters of the Poor v. Pennsylvania and New Jersey/Trump v. Pennsylvania and New Jersey
Whether the government had statutory authority under the Patient Protection and Affordable Care Act and the Religious Freedom Restoration Act of 1993 to expand the conscience exemption to the contraceptive-coverage mandate.
U.S. Supreme Court
Jun 2018
Religious Liberty
LGBTQ Rights
Masterpiece Cakeshop v. Colorado Civil Rights Commission
Whether a business open to the public has a constitutional right to discriminate.
Oklahoma
May 2017
Religious Liberty
Fatihah v. Neal
The American Civil Liberties Union of Oklahoma, the national ACLU, and the Council on American-Islamic Relations Oklahoma Chapter filed a lawsuit against a "Muslim free" business on behalf of a U.S. Army Reserve member denied service. The lawsuit seeks equal access to public accommodations for Oklahomans of all faiths.
All Cases
75 Religious Liberty Cases
Maine
Nov 2024
Religious Liberty
St. Dominic Academy v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in the state’s school tuition program must comply with all eligibility requirements of the program – including a prohibition on discrimination on the basis of religion, sexual orientation, and gender identity, among other protected characteristics.
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Maine
Nov 2024
Religious Liberty
St. Dominic Academy v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in the state’s school tuition program must comply with all eligibility requirements of the program – including a prohibition on discrimination on the basis of religion, sexual orientation, and gender identity, among other protected characteristics.
Maine
Oct 2024
Religious Liberty
Crosspoint v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in Maine’s school tuition program must comply with all eligibility requirements of the program, including a prohibition on discrimination against students based on their religion, sexual orientation, and gender identity.
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Maine
Oct 2024
Religious Liberty
Crosspoint v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in Maine’s school tuition program must comply with all eligibility requirements of the program, including a prohibition on discrimination against students based on their religion, sexual orientation, and gender identity.
Washington
Oct 2024
Religious Liberty
LGBTQ Rights
Aubry McMahon v. World Vision, Inc.
On October 28, 2024, the ACLU and ACLU of Washington filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit supporting affirmance of a Washington district court decision holding that a religiously affiliated nonprofit organization violated Title VII and the Washington State antidiscrimination law when it rescinded a hiring candidate’s job offer because she is a woman married to a person of the same sex. Should the Ninth Circuit accept the organization’s First Amendment defense—that religious organizations can discriminate on any basis so long as it is grounded in their religious belief—it would gut employment protections for LGBTQ individuals and pave the way for religious organizations to discriminate on the basis of not only sex, sexual orientation, and gender identity but also other protected characteristics like race, color, and national origin.
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Washington
Oct 2024
Religious Liberty
LGBTQ Rights
Aubry McMahon v. World Vision, Inc.
On October 28, 2024, the ACLU and ACLU of Washington filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit supporting affirmance of a Washington district court decision holding that a religiously affiliated nonprofit organization violated Title VII and the Washington State antidiscrimination law when it rescinded a hiring candidate’s job offer because she is a woman married to a person of the same sex. Should the Ninth Circuit accept the organization’s First Amendment defense—that religious organizations can discriminate on any basis so long as it is grounded in their religious belief—it would gut employment protections for LGBTQ individuals and pave the way for religious organizations to discriminate on the basis of not only sex, sexual orientation, and gender identity but also other protected characteristics like race, color, and national origin.
Louisiana
Jun 2024
Religious Liberty
Rev. Roake v. Brumley
On June 24, 2024, a multi-faith group of nine Louisiana families with children in public schools filed a federal-court lawsuit in Louisiana, challenging House Bill No. 71 (“H.B. 71”), a new state law that requires every elementary, secondary, and postsecondary public school in the state to permanently display an official version of the Ten Commandments in every classroom. The families are represented by the ACLU, the ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel. The complaint alleges that H.B. 71 violates both the separation of church and state, as protected by the Establishment Clause of the First Amendment, and the Free Exercise Clause of the First Amendment.
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Louisiana
Jun 2024
Religious Liberty
Rev. Roake v. Brumley
On June 24, 2024, a multi-faith group of nine Louisiana families with children in public schools filed a federal-court lawsuit in Louisiana, challenging House Bill No. 71 (“H.B. 71”), a new state law that requires every elementary, secondary, and postsecondary public school in the state to permanently display an official version of the Ten Commandments in every classroom. The families are represented by the ACLU, the ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel. The complaint alleges that H.B. 71 violates both the separation of church and state, as protected by the Establishment Clause of the First Amendment, and the Free Exercise Clause of the First Amendment.
California
Apr 2024
Religious Liberty
LGBTQ Rights
California Civil Rights Department v. Cathy's Creations d/b/a Tastries
On April 11, 2024, the ACLU, ACLU of Southern California, ACLU of Northern California, and ACLU of San Diego & Imperial Counties filed an amicus brief with the California Court of Appeal, Fifth Appellate District supporting the California Civil Rights Department’s appeal of a lower court judgment finding that a bakery owner did not violate the California public accommodations law when she refused to sell a wedding cake to a same-sex couple.
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California
Apr 2024
Religious Liberty
LGBTQ Rights
California Civil Rights Department v. Cathy's Creations d/b/a Tastries
On April 11, 2024, the ACLU, ACLU of Southern California, ACLU of Northern California, and ACLU of San Diego & Imperial Counties filed an amicus brief with the California Court of Appeal, Fifth Appellate District supporting the California Civil Rights Department’s appeal of a lower court judgment finding that a bakery owner did not violate the California public accommodations law when she refused to sell a wedding cake to a same-sex couple.