Showing posts with label 1st Amendment. Show all posts
Showing posts with label 1st Amendment. Show all posts

Monday, December 12, 2016

Protection for Religious Entities in Bankruptcy



This is an article that I wrote for the National Conference of Bankruptcy Judges this year.
Freedom of religion is enshrined in the First Amendment to the Constitution which protects the free exercise of religion, as well as legislation such as the Religious Freedom Restoration Act[1] the Religious Land Use and Institutionalized Persons Act of 2000[2] and the Religious Liberty and Charitable Donation Protection Act[3].   When religious and secular parties clash in bankruptcy court the constitutional and statutory protections of religion are often invoked but rarely successful.   This paper will give a brief overview of the issues.