Legal Spirits 084: The Death of Religion?

One of the most important trends in American religion in recent decades has been the rise of the “Nones,” Americans who tell pollsters they have no religious affiliation. Some observers see this trend as evidence of the continuing secularization of American society. But is religion really in decline? And how much can surveys tell us about Americans’ religious beliefs and practices?

In this episode of Legal Spirits, Center Director Mark Movsesian interviews historian Thomas Kidd about his provocative new co-authored book, The Death of Religion? Nones, Others, and the Flourishing of Faith. They discuss why conventional surveys may exaggerate religious decline, the surprisingly long history of religious disaffiliation in America—including the eighteenth- and nineteenth-century phenomenon of the “Nothingarians”—and whether Americans’ longstanding suspicion of institutions helps explain the rise of the Nones today. Listen in!

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Here are some important law-and-religion news stories from around the web:

  • Archbishop Timothy Broglio, who oversees the spiritual care of Catholic members of the United States armed forces, released a strongly worded statement raising objections to the plan to broadcast the execution of Fort Hood shooter Nidal Hasan. He also declared that Catholic members of the US Army must not participate in the firing squad.
  • In Lajara v. McMenamin, a Pennsylvania appeals court vacated a custody order that prohibited either parent from influencing, restricting or limiting their child’s participation in religious services, events or activities.
  • Last week, the United Kingdom’s Home Office released the Official Statistics on Hate Crimes in England and Wales for the Year Ending March 2026, which indicated that religion-based hate crimes increased 13% from the prior year.
  • In Domanic v. Christian Brothers Automative Corporation, the 5th Circuit held that a Texas religion-based franchisor did not violate federal civil rights laws by requiring that its franchisees be professing Christians.
  • A Christian evangelist filed suit earlier this month in an Arizona federal district court challenging Tucson’s decision to exclude religious, political, and issue-based leafleting at an annual holiday display. The complain alleges this exclusion violates plaintiff’s free speech, free exercise and due process rights.
  • Christian Counselors in Lincoln Nebraska filed suit last week in federal district court to enjoin enforcement of city ordinances that prohibit conversion therapy for minors, alleging that the challenged rules are almost identical to the Colorado statute that the U.S. Supreme Court found unconstitutional on free speech grounds in Chiles v. Salazar.

Around the Web

Here are some important law-and-religion news stories from around the web:

  • The Ninth Circuit rejected an effort to remove a nearly century-old cross and longstanding nativity display at the historic El Pueblo monument in Los Angeles. 
  • In a speech to sick people and caregivers, the Pope Leo denounced France’s recent legalization of euthanasia and assisted suicide. The Catholic Church has continued to push against assisted suicide laws in the U.S. 
  • A federal district court in Oklahoma ruled the state may not single out religious schools for exclusion from public charter funding on the basis of religion.
  • A federal judge in Tennessee dismissed most of the claims against Southern Baptist Convention leaders in a lawsuit filed by a former SBC seminary professor David Sills, who lost his job due to sexual misconduct allegations.
  • The Muslim Center of New Jersey is suing the Marlboro Township, New Jersey zoning board, council, mayor and others, alleging religious discrimination and violations of the community’s right to worship after a five-year application process to build a mosque ended in a denial.
  • The Chicago Immigration Court ruled that the U.S. can deport the leader of Wisconsin’s largest mosque on the grounds that he is a threat to national security.

Around the Web

Here are some important law-and-religion news stories from around the web:

  • Florida officials and Catholic schools are at odds over whether schools participating in state scholarship programs must provide religious exemptions from vaccination requirements.
  • Several Catholic religious orders and the Archbishop of Chicago filed a federal lawsuit challenging Illinois requirements that healthcare providers inform and counsel terminally ill patients about physician-assisted suicide, arguing that the requirements violate their religious freedom.
  • Maine’s highest court upheld a ruling allowing a father to prevent his daughter from attending her mother’s church after finding that participation there was psychologically harmful to the child, rejecting the mother’s constitutional claims.
  • A federal bankruptcy court allowed a Jewish religious nonprofit’s lawsuit against the City of Hollywood, Florida, to proceed after the city denied zoning approval for a proposed K-12 Jewish day school, with the nonprofit alleging violations of its First and Fourteenth Amendment rights.
  • A South Korean court sentenced Unification Church leader Hak Ja Han to two years in prison after convicting her of bribery, violating political finance laws, and embezzling church funds.
  • InterVarsity Christian Fellowship sued SUNY Broome Community College after the school denied the group official recognition because its constitution requires student leaders to affirm a statement of faith, which the college says conflicts with its nondiscrimination policy.
  • Catholic leaders in Maharashtra are considering a legal challenge to a new state law regulating religious conversions, which requires advance notice of conversions and has drawn broader constitutional challenges over religious freedom.

Around the Web

Here are some important law-and-religion news stories from around the web:

  • The U.S. Department of Health and Human Services announced a restructuring of its Office for Civil Rights that will create separate divisions focused on religious liberty and conscience protections, civil rights enforcement, and health privacy and cybersecurity. HHS said the changes are intended to combat anti-Christian bias and race-based discrimination while strengthening enforcement efficiency.
  • A Virginia appeals court revived a lawsuit against McLean Bible Church over claims that church leaders improperly handled a 2021 elder election and disenfranchised members. The court ruled that limited judicial review of the dispute is not automatically barred by the First Amendment.
  • A new lawsuit in Utah, backed by pro-life advocates with religious and fetal personhood arguments, claims that disposing of unused IVF embryos violates wrongful death laws. The case has raised concerns that similar religion-influenced legal challenges to IVF practices could spread to other states.
  • A Texas jury ordered an insurer to pay more than $7 million to Southwestern Baptist Theological Seminary after the insurer denied coverage for legal costs related to lawsuits involving former seminary president Paige Patterson and the school’s handling of sexual assault allegations. The case arose from broader controversy within the Southern Baptist Convention over abuse and institutional accountability.
  • Two senators introduced a bipartisan bill aimed at combating antisemitism and increasing security protections for Jewish institutions, including a proposal to expand federal nonprofit security grants to $1 billion annually. The legislation would also address antisemitism on college campuses and require greater transparency from social media companies on moderating antisemitic content.
  • The Vatican’s Synod office released a new document outlining the path toward a global ecclesial assembly in 2028, continuing the Catholic Church’s “Synod on Synodality” process launched under Pope Francis. The plan establishes stages for dioceses, bishops’ conferences, and continental church bodies to evaluate how “synodality” is being implemented in local churches over the next several years.
  • A Catholic nun in Los Angeles runs Francisco Homes, a housing program for formerly incarcerated men, including immigrants facing deportation. Her ministry sits in the context of ongoing debates over immigration enforcement and deportation policy.
  • Archbishop John Ricard, the former archbishop of Baltimore and first leader of the National Black Catholic Congress, has died at age 86. Ricard was a prominent Black Catholic leader known for advancing Black Catholic ministry and advocacy within the Church for decades.

Around the Web

Here are some important law-and-religion news stories from around the web:

  • The Supreme Court revived a lawsuit by a Mississippi street preacher who claims that his arrest for demonstrating near an amphitheater violated his free speech and religious liberty rights. 
  • A federal judge ordered immigration officials to allow clergy and religious workers access to detained migrants in Minneapolis, ruling that denying pastoral visits likely violated religious liberty protections. 
  • The United States Conference of Catholic Bishops filed amicus briefs with the Supreme Court arguing that turning away migrants at the border is unlawful and inconsistent with the nation’s moral obligations. 
  • Members of Congress introduced legislation that would protect the tax-exempt status of churches and religious organizations from being revoked based on their views or speech. 
  • India’s Maharashtra legislature passed a new anti-conversion law this week requiring advance notice before religious conversions and imposing criminal penalties for conversions obtained through coercion, fraud, or marriage. The law has drawn criticism from religious minority groups.

Around the Web

Here are some important law-and-religion news stories from around the web:

  • The Supreme Court has blocked a California policy that requires public schools to facilitate students’ gender transitions and keep it secret from parents.
  • In Childs v. Webster, the 7th Circuit held that there was not a violation of a Muslim inmate’s free exercise rights under RLUIPA or the 1st Amendment when his prison refused to distribute corrected prayer-time schedules to Muslim inmates.
  • In State of Washington v. Corporation of the Catholic Archbishop of Seattle, a Washington state appellate court allowed enforcement of a subpoena issued by the state Attorney General’s Office seeking from the Catholic Archdiocese evidence relating to clergy sexual abuse.
  • The U.S. Commission on International Religious Freedom (USCIRF) declared that the State Department has failed to comply with the International Religious Freedom Act (IRFA).
  • The Military Religious Freedom Foundation reported that it has received numerous complaints from military personnel that their commanders are describing the military operations against Iran in Christian eschatological terms.
  • Indiana Governor Mike Bruan signed House Enrolled Act 1389 which prohibits governmental discrimination in adoption and foster care matters.
  • An investigation into the Catholic Diocese of Providence, Rhode Island, shows that an estimated 75 priests have abused more than 300 children since 1950.

Around the Web

Here are some important law-and-religion news stories from around the web:

  • The U.S. Department of Justice has opened a civil-rights investigation after vandals broke into and desecrated Holy Innocents Catholic School in Long Beach, California, destroying religious statues, damaging the tabernacle, and causing extensive property loss.
  • The Archdiocese of New York alleges in a state-court filing that its longtime insurer, Chubb, secretly operated a victims’ advocacy website called the “Church Accountability Project” as part of a “shadow campaign” to pressure the archdiocese and gain leverage in ongoing litigation over insurance coverage for clergy abuse claims.
  • A year after Episcopal Bishop Mariann Budde publicly urged President Donald Trump to show mercy toward immigrants and other vulnerable groups during an inaugural prayer service, she joined hundreds of clergy in Minneapolis protesting the administration’s escalating immigration enforcement and mass-deportation efforts.
  • Italian church and government authorities launched investigations after a restored cherub in Rome’s Basilica of San Lorenzo in Lucina appeared to resemble Prime Minister Giorgia Meloni, sparking controversy about politicizing sacred art and drawing crowds that disrupted Mass.
  • As the Vatican appeals court reviews the high-profile financial scandal known as the “trial of the century,” defense lawyers are scrutinizing Pope Francis’ role, focusing on secret decrees he issued in 2019-2020 that granted prosecutors sweeping investigatory powers, including warrantless wiretapping, raising concerns about fairness and transparency.
  • A federal indictment filed in Wisconsin accuses four individuals of participating in a years-long scheme to defraud Catholic Charities of the Archdiocese of Milwaukee by issuing fraudulent checks, fabricating work payments, and attempting to conceal the theft, with hundreds of thousands of dollars potentially subject to forfeiture.

Legal Spirits 073: A Short Take on the Minnesota Church Protest

Cities Church (MPR News)

In this episode—the first in a new series of Legal Spirits law-and-religion short takes—Mattone Center Director Mark Movsesian offers an initial assessment of the recent anti-ICE protest at Cities Church in Minnesota. He explains what is known so far, the legal issues the episode raises, and why those issues matter beyond this particular controversy. Whatever the merits of the underlying cause, he argues, intruding into a private worship service infringes a core understanding of the free exercise of religion. Listen in!