First Amendment topicsAbout the First Amendment
2004-2005 Supreme Court Term
   Petitions Filed
Freedom of Religion
  Review Granted
  Cutter v. Wilkinson
  Whether Ohio prison regulations denying prisoners access to religious literature and the opportunity to conduct religious services violate RLUIPA, and whether RLUIPA provision is unconstitutional under Establishment Clause (among other things).
  Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal
  Whether the Religious Freedom Restoration Act of 1993 requires the government to permit the importation, distribution, possession, and use of a Schedule I hallucinogenic controlled substance, where Congress has found that the substance has a high potential for abuse, it is unsafe for use even under medical supervision, and its importation and distribution would violate an international treaty.
  McCreary County, Ky. v. ACLU of Kentucky
  Whether several county displays consisting of framed copies of the Ten Commandments in county courthouses violate of the Establishment Clause of the First Amendment.
  Van Orden v. Perry
  Whether a 6 feet high and 3 feet wide monument inscribed with the Ten Commandments and located on government property since 1961 constitutes an unlawful establishment of religion under the First Amendment.
 Petitions for Review (pending cases)
  Adkins v. Kaspar
  Whether the Supreme Court should resolve the circuit conflict -- both expressly acknowledged and deepened by the Fifth Circuit in this case -- over what constitutes a “substantial burden” on religious exercise under the Religious Land Use and Institutionalized Persons Act.
  Ashcroft v. O Centro Espirita Beneficiente Uniao do Vegetal
  Whether, consistent with the First Amendment, the Religious Freedom Restoration Act, and other federal laws, the Drug Enforcement Administration and other government agencies can prohibit the sacramental use of a hallucinogenic tea by a New Mexico church.
  Bass v. Madison
  Whether the institutionalized-persons provisions of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) are valid under the Establishment Clause of the First Amendment.
  Cholla Ready Mix Inc. v. Mendez
  (1) Does a decision by state officials barring a private landowner from using his property because some American Indians assert that such land is "sacred" violate the Establishment Clause, notwithstanding claims by state officials that the "sacredness" of the land is historically and culturally important to those Indians? (2) May a notice pleading be dismissed for not alleging facts sufficient to establish a prima facie case under Lemon v. Kurtzman given the holding of the Court in Swierkiewicz v. Sorema (2002)?
  Hanas v. Michigan
  Whether a criminal sentence involving a pervasively religious Pentecostal drug rehabilitation program violates the Establishment Clause of the First Amendment as to a convicted man who is Catholic.
  Hoevenaar v. Lazaroff
  Did prison officials violate the First Amendment rights of a prisoner when they cut his hair, which was contrary to a tenet of his religion?
  Johnson v. Baker
  Establishment Clause challenge to display of a Ten Commandments plaque in public high school.
  O'Connor v. Church of St. Ignatius Loyola
  Should ministerial exception to claims for employment discrimination protect a religious organization from liability for its employment decision when that decision was not based in religious belief or doctrine?
 Review Denied
  Adams County School Board v. Baker
  Whether the display of the Ten Commandments in public schools violates the Establishment Clause.
  American Family Association Inc. v. Federal Communications Commission
  In granting non-commercial broadcast licenses, did the FCC discriminate against religious networks in violation of the First Amendment?
  Catholic Charities of Sacramento, Inc. v. California
  Was the First Amendment violated by a California statute that fails to exempt Catholic Charities from its requirements that where employer-provided health insurance programs reimburse employees for the cost of prescription drugs, they must include prescription contraceptives in such coverage?
  DeWaal v. Alston
  Does the National Park Service policy requiring all visitors to national monument to be instructed that area of monument is a “sacred religious site” to some American Indians and that all visitors must show “respect” for that religion by not approaching that “sacred” area (1) constitute government endorsement of religious symbol in a public place that may be challenged by a visitor who either comes into unwelcome direct contact with that policy or changes his behavior because of it, and (2) does that constitute government enforcement of religious orthodoxy that may be challenged by a visitor who feels compelled to adhere to that policy?
  DeWeese v. American Civil Liberties Union of Ohio Foundation Inc.
  Whether a judge’s public display of a Ten Commandments poster in his courtroom violated the Establishment Clause of the First Amendment and whether Petitioners had standing to challenge such action.
  Great Falls v. Wynne
  First Amendment challenge to public prayers referring to Jesus Christ before meetings of the City Council.
  Harlan County, Ky. v. ACLU of Kentucky
  Establishment Clause challenge to placement of Ten Commandments plaques on classroom walls.
  Lighthouse Institute for Evangelism Inc. v. Long Branch, N.J.
  Did a local municipality's zoning practices violate the Free Exercise rights of a evangelical organization?
  Moore v. Judicial Inquiry Commission of the State of Alabama
  Whether a state supreme court justice could be disciplined for refusing to honor a federal court ruling banning the placement of a granite Ten Commandments monument in the rotunda of the judicial building.
  Surfside, Fla. v. Midrash Sephardi Inc.
  Whether RLUIPA is a constitutional exercise of Congress’s authority under the First, Tenth, and Fourteenth Amendments.
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