Carl H. Esbeck
Professor of Law Emeritus
University of Missouri

Religious Freedom Cases

  1. Mahmoud v. Taylor, No. 24-297. In Free Exercise Clause challenge to compulsory public-school indoctrination of elementary students with gender ideology curriculum, with no notice to parents or opportunity to opt out, school board acted in derogation of the right of parents to direct the upbringing of their children. 6-3, majority op. by J. Alito.
  2. Catholic Charities Bureau v. Wisconsin Labor and Industry Review Commission, No. 24-154. First Amendment Religion Clauses challenge to state’s denial of otherwise available unemployment tax exemption to Catholic Charities because its service to the poor is not deemed a “typical” religious activity because the organization neither evangelizes program participants nor limits employment to Catholics. 9-0, op. by J. Sotomayor.
  3. Oklahoma Statewide Charter School Board v. Drummond, No. 24-394 & St. Isidore of Seville Catholic Virtual School v. Drummond, No. 24-396. In Free Exercise Clause challenge to state’s exclusion of religious schools from charter school program, the Court was evenly divided. 4-4, appeal dismissed. J. Barrett recused herself.

Cases of Social/Ethical Interest

  1. United States v. Skrmetti, No. 23-477. In Equal Protection Clause challenge to Tennessee ban on sex-change medical procedures for minors, “gender identity” is not a suspect class and gets only rational-basis review. In this developing area of medical care the ban was found to be reasonable. 6-3, majority op. by C.J. Roberts.
  2. Ames v. Ohio Department of Youth Services, No. 23-1039. In Title VII claim of employment discrimination filed by heterosexual woman who was denied promotion in favor of an unqualified lesbian woman and demoted in favor of an unqualified homosexual male, the burden of proof on plaintiff is the same as for a claim by gay or lesbian employee. 9-0, op. by J. Jackson.
  3. Medina v. Planned Parenthood, No. 23-1275. A private cause of action was not available under 42 USC §1983 for Planned Parenthood and one of its clients to challenge PP’s exclusion, as an abortion provider, from South Carolina’s Medicaid program. 6-3, majority op. by J. Gorsuch.
  4. Free Speech Coalition v. Paxton, No. 23-1122. Free Speech Clause challenge to age-verification measures required for any “commercial entity that knowingly and intentionally publishes or distributes material on an Internet website, including a social media platform, more than one-third of which is sexual material harmful to minors.” The statute does not directly target speech but only seeks to shield minors from adult pornography. Although the legislation had an incidental impact on adult-protected speech, the state’s interests survived intermediate scrutiny. Age verification is a commonplace regulatory practice used in purchase of tobacco, alcohol, lottery tickets, and the like. 6-3, majority op. by J. Thomas.
  5. Trump v. CASA, No. 24A884. This was an emergency appeal by the Government where the underlying merits involved birth-right citizenship as found in § 1 of the Fourteenth Amendment. The Government appealed only the lower court’s power to enter a nationwide “universal injunction.” Held that a federal district court is not granted such authority in the Judiciary Act of 1789. Rather, equitable relief is limited to an award for the individual plaintiffs before the court. 6-3, majority op. by J. Barrett.
  6. Trump v. Wilcox, No. 24A966. Administrative agencies (e.g., Federal Trade Commission and National Labor Relations Board) headed by independent commissioners who can be removed only upon “good cause” are in derogation of the authority of the President as head of the Executive Branch. 6-3, unsigned op.

Appeals Granted for Upcoming October 2025-2026 Term

  1. Landor v. Louisiana Department of Corrections and Public Safety, No. 23-1197. Petition by former state inmate, where prison officials forcibly shaved Rastafarian prisoner of his dreadlocks. The lower court held that an inmate may not sue prison guards, in their individual capacities, seeking monetary damages for violation of RLUIPA.
  2. First Choice Women’s Resource Centers, Inc. v. Platkin, No. 24-781. Lower court held that pro-life pregnancy center’s First Amendment federal court challenge to New Jersey AG’s investigatory subpoena, seeking donor information, was not ripe for review. It transpired that after the federal claim was filed by the Centers, the AG moved to enforce the subpoena in state court. The state court enforced the subpoena but did not rule on the First Amendment defense. Because the First Amendment defense could be raised by the Centers in the state proceeding, the federal claim was held not to be ripe.
  3. Little v. Hecox, No. 24-38. Lower court held that Idaho law limiting female student sports to biological females violated the Equal Protection Clause rights of transgender student athletes. West Virginia v. B.P.J., No. 24-43. Lower court held that West Virginia law limiting female student sports to biological females violated Title IX and the Equal Protection Clause.
  4. Chiles v. Salazar, No. 24-539. Free Speech Clause challenge to Colorado ban on licensed counselors engaging in “conversion therapy” involving minors. All therapy, including talk therapy, on the subject is disallowed if geared toward discouraging gay or transgender behaviors, even faith-content therapy.