All Articles For VanEngen, Brian

member of the Hull PRC in Hull, Iowa, and a practicing attorney   In recent years, the United States Supreme Court under Chief Justice John Roberts has issued a substantial number of opinions interpreting the freedoms guaranteed by the Free Exercise Clause of the First Amendment to the United States Constitution.1 For many years, the Supreme Court issued relatively few rulings on this area. The Court maintained a position that the government could impose on the exercise of religion as long as it was for a legitimate purpose and the law was of general applicability.2 The Court had ruled against...

Mr. Brian VanEngen, member of the Hull PRC in Hull, Iowa and a practicing attorney It is not often that we would think of an article on banking regulations as a topic that would fit in a rubric addressing Church and State religious liberty matters. However, a recent gaffe by the late-night comedy show “Saturday Night Live” recently brought attention to an issue that is of growing concern to Christians. The comedy show, which frequently mocks religious and conservative individuals, often includes a segment called “Weekend Update,” depicting a news report in which the actors portray news reporters and anchors....

Mr. Brian VanEngen, member of the Hull PRC in Hull, Iowa, is a practicing attorney   In recent years, the courts have issued rulings allowing same-sex couples to marry and requiring accommodations for those of varying sexual identities. Many state and federal laws provide protection for those of differing sexual orientation and identities, much like the laws prohibiting discrimination based on race or national origin. The United States Supreme Court has also acknowledged rights of those with differing sexual orientations and identities, including the right of same-sex couples to marry, but at the same time has issued rulings guarding the...

Mr. Brian VanEngen, member of the Protestant Reformed Church in Hull, Iowa, is a practicing attorney On Friday, June 24, 2022 the United States Supreme Court issued its opinion in the case of Dobbs v. Jackson Women’s Health Organization.1 This decision, which overruled the longstanding abortion rights case, Roe v. Wade, created much controversy. Before the decision was even issued, a draft opinion of the court was leaked in an unprecedented breach of the confidentiality normally maintained by the Court for draft opinions or dissents.2 Protests were held outside the homes of conservative justices, despite federal laws prohibiting actions that...

United States Supreme Court rulings in recent years have revealed a Court deeply divided along ideological lines. For many years the nine justices of the court were often divided 5-4 on cases with ideological implications, with four justices consistently on the conservative side of social issues, and four justices on the liberal side, with Justice Anthony Kennedy providing the deciding vote that would swing the decision one way or another. A series of retirements and deaths of justices on the court during the presidency of President Donald Trump resulted in what many considered a 6-3 conservative majority, including the replacement...

State and local governments have imposed restrictions on gatherings, including church and religious gatherings, due to the COVID-19 pandemic. The regulations vary greatly from jurisdiction to jurisdiction, from suggestions for COVID-19 safety protocols to restrictions limiting the number of individuals who can gather to worship. Many have been concerned that the government has used the COVID-19 pandemic as a pretext for overreaching and violating the separation of Church and State, as well as infringing on the right to Free Exercise of Religion under the First Amendment to the United States Constitution.   The facts of the case The State of...

In the last installment of this series,1 we looked at the United States Supreme Court decision in the case of Bostock v. Clayton County,2 in which the Court ruled that, in addition to other forms of discrimination, the Civil Rights Act of 1964 also prevents discrimination against individuals based on sexual orientation or gender identity. This ruling may have effects on private businesses and religious organizations, as will be discussed below. However, on July 8, 2020, the Supreme Court handed down another ruling in the case of Our Lady of Guadalupe School v. Morrissey-Berru3 which exempts private religious schools from...

On June 15, 2020 the United States Supreme Court handed down its decision in the case of Bostock v. Clayton County.1 This case involved the question of whether the Civil Rights Act of 1964 should be construed to prevent discrimination against homosexual and transgender people, and others with varying sexual orientation. The Court ruled that the Civil Rights Act does apply, in a landmark decision that has far-reaching implications for our churches, schools, and individual believers. The background for the case The decision actually involved three different cases, each with relatively simple facts. In each case, an employee was terminated...

We often hear about court cases involving challenges to displays of religious symbols on public property, whether it be displays of the Ten Commandments or a cross or some other item of religious significance. The United States Supreme Court recently issued a decision in such a case involving a cross on public property as part of a war memorial, The American Legion v. American Humanist Association.1 This decision is significant, not for its subject matter, but for the legal analysis used by the Court in reaching its decision. Although the news media widely reported simply that the Court had allowed a...

As was discussed in a recent issue of the Standard Bearer, the United States Supreme Court recently ruled that the Colorado Civil Rights Commission was incorrect in finding a baker violated the civil rights of a gay couple by refusing to bake them a cake celebrating their same-sex marriage.1 The Supreme Court of the United Kingdom (UK) has now issued a ruling in a similar case, Lee v. Ashers Baking Company.2 Although the facts of the two cases are similar, the courts used very different approaches in reaching the same ultimate outcome. The reasoning used by the Court in the...