First Amendment
7th Circuit Court of Appeals Rejects Illinois Churches’ Challenge to State’s COVID Restrictions
Today, the Seventh Circuit Court of Appeals ruled in Elim Romanian Church, et al. v. Pritzker that Illinois’s COVID restrictions, which limited the size of public gatherings to ten people, did not violate the First Amendment. By way of background, several Illinois churches had sued […]
Read MoreSplit Supreme Court Denies Churches Relief from COVID Restrictions
Over the last few weeks, several churches in California and Illinois have asked the courts for relief from their state’s restrictions on religious assemblies—restrictions put in place to limit the spread of COVID-19. Because the trial and appellate courts would not grant them relief, they […]
Read MoreThe Coming Legal Battles Over How To Fund Religious Schools and Where They Can Locate
The pandemic forced public and private schools all across the country to close early. In response, many parents had to quickly adapt to alternative ways to educate their children. Some discovered the benefits and challenges of homeschooling. Others turned to virtual classrooms and courses taught […]
Read MoreFederal Court of Appeals Rejects Illinois Churches’ Emergency Request for an Injunction
On Saturday, May 16, 2020, the Seventh Circuit Court of Appeals issued an order indicating that two Illinois churches are unlikely to succeed in their efforts to challenge Governor Pritzker’s Executive Order which limits gatherings to no more than ten people. By way of background, […]
Read MoreFirst Amendment: The Ministerial Exception Revisited
In 2004, a Called1 teacher at Hosanna-Tabor Evangelical Lutheran Church School, located in Redford, Michigan, went on disability leave after being diagnosed with narcolepsy. After feeling better, she wanted to teach again. But the Church no longer had a position for her. The Church asked […]
Read MoreCoronavirus Impact: Drive-In Church Services
Prohibiting Sunday church services—even when attendees remain in their cars—is “beyond all reason, unconstitutional,” a federal judge exclaims in Kentucky. By now, we are all aware of COVID-19 and the ongoing public health crisis. As a result, wherever you are in the United States, you […]
Read MoreAddressing Homeless Ministries through RLUIPA: Shawnee Mission Unitarian Universalist Church v. The City of Lenexa, Kansas
Shawnee Mission Unitarian Universalist Church (“Shawnee Mission Church” or “Church”) has a long and proud history of ministering to the poorest and most vulnerable populations of Lenexa, Kansas and the greater Johnson County area. Over the last several years, the Church has advanced their ministry […]
Read MoreDalton & Tomich, PLC help a local church leave a denomination and keep its property
The history of religious growth in the United States can be traced in no small part to the frequency of schism within religious organizations, which is to be expected where the First Amendment absolutely protects the right to believe whatever one chooses. One result is […]
Read MoreThe Supreme Court declines to hear Church Property Rights Cases
As noted previously, the United States Supreme Court had two cases before it where it had the opportunity to provide a clear direction in the law on denominational trust clause cases and guidance on the ownership of Church property. Yesterday, the U.S. Supreme Court denied […]
Read MoreMassachusetts Churches Challenge Gender Identity Laws
A group of Massachusetts churches has brought a federal lawsuit seeking to prevent state officials from enforcing new gender identity guidelines on religious institutions. In July 2016 the Massachusetts Legislature added “gender identity” as a protected class under state public accommodation laws. On September 1, […]
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In my role as Administrative Bishop for the Church of God, quite often we are faced with issues that involve local governments and municipalities. Many of these issues that arise in dealing with entities are land use related. I have found Dalton & Tomich’s experience and expertise in this area to be a valuable resource and asset in every situation.
Tim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
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Dalton & Tomich’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. Their personal interest in helping us went “above and beyond” just the call of duty.