pewforum.org Publications

Legal Reports

Explore Pew Forum legal reports, which examine the legal and constitutional issues at the heart of an array of issues at the intersection of religion and public life.

High Court to Hear Same-Sex Marriage Cases
The U.S. Supreme Court is about to hear oral arguments in a pair of potentially groundbreaking same-sex marriage cases.
A History of Key Abortion Rulings of the U.S. Supreme Court
During the past 35 years, federal courts, particularly the U.S. Supreme Court, have superseded states as the driving force in crafting abortion policy.
Same-Sex Marriage in the Courts
The U.S. Supreme Court stepped squarely into the same-sex marriage debate when it agreed on Dec. 7, 2012, to review two important lower court decisions involving gay marriage. Find out what that may mean for the future of same-sex marriage in the U.S.
In Brief: Hosanna-Tabor v. EEOC
On Oct. 5, 2011, the Supreme Court will hear oral arguments in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, a case that could help determine how much latitude religious organizations have in making employment decisions about clergy and others who perform religious duties.
Churches in Court
 Whenever churches or religious organizations find themselves involved in civil litigation, courts first must determine whether the First Amendment’s religion clauses bestow a unique legal status on religious organizations that puts some of their decisions and actions beyond the reach of civil laws. 
Proposition 8 on Trial: A Federal Court of Appeals Takes Up California’s Gay Marriage Ban
On Dec. 6, a federal appeals court in San Francisco will hear arguments in a case challenging the constitutionality of Proposition 8, a voter-approved 2008 California ballot initiative that banned same-sex marriage in the state.
In Brief: Arizona Christian School Tuition Organization v. Winn and Arizona Department of Revenue v. Winn
On Nov. 3, 2010, the U.S. Supreme Court will hear oral arguments in a pair of related cases involving a constitutional challenge to an Arizona tax policy aimed at providing scholarships for children to attend private – often religious – schools.
Federal Court Strikes Down Calif. Same-Sex Marriage Ban
A federal district court judge struck down California’s ban on gay marriage, ruling that the prohibition violates the U.S. Constitution.
High Court Rules Against Campus Christian Group
A divided Supreme Court today ruled, 5-4, that a public law school can deny recognition to a student group that excludes gays and lesbians. The Court said the school could enforce a policy requiring official student organizations to accept all students who want to join.
High Court Decision in Salazar v. Buono
The U.S. Supreme Court overturned a lower court ruling that had ordered the removal of a cross from a World War I memorial located in California’s Mojave National Preserve.
In Brief: Christian Legal Society v. Martinez
On April 19, 2010, the U.S. Supreme Court will hear oral arguments in Christian Legal Society v. Martinez, a case that will determine whether a public institution can refuse to officially recognize a religiously based organization that prevents those who do not share its religious and moral values from becoming voting members.
Sikh-Americans and Religious Liberty
With their distinctive appearance and religious practices, Sikh-Americans often find themselves at the center of workplace discrimination cases and other controversies involving their religious rights. To better understand religious liberty and accommodation issues involving Sikh-Americans, the Pew Forum turns to church-state scholar Robert W. Tuttle.
In Brief: Salazar v. Buono
On Oct. 7, 2009, the U.S. Supreme Court will hear oral arguments in Salazar v. Buono, a case involving a constitutional challenge to the presence of an eight-foot-tall Christian cross in the Mojave National Preserve in California. The Pew Forum provides a brief overview of the case's long path to the Supreme Court.
The Constitutional Dimensions of the Same-Sex Marriage Debate
While the gay marriage controversy has many elements, including disagreements over religious and social norms, much of the debate is a legal one.  
Shifting Boundaries
The debate over government funding of religious institutions raises some thorny issues in the discussion about the appropriate relationship between church and state. Most legal scholars agree that the Constitution limits at least some government funding of religion but disagree sharply on exactly what is permissible.
Stimulus Package Stimulates Church-State Debate
Economic stimulus legislation has brought on a church-state debate regarding school funding. The Pew Forum turns to church-state scholar Robert Tuttle.
The Social and Legal Dimensions of the Evolution Debate in the U.S.
As with many social and political controversies in the United States, the battle over evolution has been largely fought in courtrooms.
Hiring Law for Groups Following a Higher Law: Faith-Based Hiring and the Obama Administration
The Bush administration contended that religious groups always have the right to hire on the basis of religion. But President Obama has suggested that he disagrees with this policy. To explore how the Obama administration might alter Bush’s policy, the Pew Forum turns to church-state scholar Ira “Chip” Lupu.
In Brief: Pleasant Grove City v. Summum
On Nov. 12, 2008, the U.S. Supreme Court will hear oral arguments in Pleasant Grove City v. Summum, a case that could change how public parks display religious messages such as the Ten Commandments.
A Fluid Boundary: The Free Exercise Clause and the Legislative and Executive Branches
Courts have long grappled with questions of religious freedom, but other government bodies also help ensure protection of this cherished liberty.
Page 1 2 3 4 5