Publications on Legal

This section features selected Pew Research Center reports (since 2005) on legal cases and issues before the Supreme Court and lower courts. Individual project websites contain more reports related to this topic. In particular, please visit the Pew Forum on Religion & Public Life, which offers a variety of resources that examine the relationship between religion and the law, including reports, event transcripts, polling data and the latest news.

Ideological Chasm Over Interpreting Constitution
More from the Political Typology
20 Jun 11Half of Americans (50%) say the Court's rulings should be based on its understanding of what the U.S. Constitution means in current times, while about as many (45%) say rulings should be based on its understanding of what the Constitution meant as originally written.
Pew Research Center for the People & the Press

Churches in Court
1 Apr 11American religious institutions have been at the center of many legal controversies in recent years. These and related lawsuits raise complex constitutional questions that have been troubling American courts for more than a century. Are legal disputes involving churches and other religious institutions constitutionally different from those involving their secular counterparts, and if so, how?
Pew Forum on Religion & Public Life

In the Courts: Voucher Battle Redux
Arizona Christian School Tuition Organization v. Winn and Arizona Department of Revenue v. Winn
19 Oct 10A coming Supreme Court case on an Arizona law allowing funds donated to religious schools to be subtracted from state taxes owed by donors could severely limit future Establishment Clause challenges.
Pew Forum on Religion & Public Life

Federal Court Strikes Down California Same-Sex Marriage Ban
5 Aug 10A federal district court judge struck down California’s ban on gay marriage, ruling that the prohibition violates the U.S. Constitution. The decision, which is expected to be appealed, represents the first time a federal judge has ruled that the U.S. Constitution protects the right of same-sex couples to marry.
Pew Forum on Religion & Public Life

The Invisible Court
3 Aug 10While legal scholars analyze Kagan's possible impact on the "Roberts court," most Americans have no idea who "Roberts" is. And as experts debate if the court has become more conservative, the public sees the court moving in the opposite direction.
Pew Research Center for the People & the Press

High Court Rules Against Campus Christian Group
Decision in Christian Legal Society v. Martinez
28 Jun 10A divided Supreme Court has ruled, 5-4, that a public law school can deny recognition to a student group that excludes gays and lesbians. In Christian Legal Society v. Martinez, the Court said the school could enforce a policy requiring official student organizations to accept all students who want to join.
Pew Research Center

Rights of Conscience vs. Civil Rights
Are Health Care Workers Obligated to Treat Gays and Lesbians?
3 Jun 10New "conscience protection" cases have emerged in the health care area expanding the debate beyond abortion and birth control to discrimination protection for certain groups, notably gays and lesbians.
Pew Forum on Religion & Public Life

Christian Legal Society v. Martinez: Can Government Funds be Denied to Religious Groups on Campus?
6 Apr 10Can a public institution refuse official recognition to a religiously-based organization that prevents those who do not share its religious and moral values from becoming voting members?
Pew Forum on Religion & Public Life

Salazar v. Buono: Can Government Give One Religion's Symbol Prominence in a Public Park?
24 Sep 09The Supreme Court will soon take up a case with the potential to determine the fate of a cross on display in the Mojave National Preserve, as well as similar religious displays across the country. The court's decision might also determine who may bring Establishment Clause lawsuits in federal court in the future.
Pew Forum on Religion & Public Life

Faith Healing on Trial
1 Sep 09Two of government's obligations -- enforcing child welfare laws and protecting religious freedom -- can clash when a parent chooses to rely on faith healing instead of standard medical care for a sick child. Robert W. Tuttle, a church-state scholar, explains.
Pew Forum on Religion & Public Life

Public Supports Targeting Al Qaeda Leaders, Wants Congress in the Loop
7 Aug 09Americans generally support allowing the Central Intelligence Agency to assassinate al Qaeda leaders, but opinions are more mixed about whether the CIA should have such a program without first informing Congress.
Pew Research Center for the People & the Press

The Gay Marriage Debate: Where It Stands
10 Jul 09In recent years, the debate over same-sex marriage has grown from an issue that occasionally arose in a few states to a nationwide controversy. A special report by the Pew Forum on Religion & Public Life describes the various dimensions of the controversy.
Pew Forum on Religion & Public Life

First Impressions of Sotomayor Mostly Positive
Press Coverage of Nomination Seen as Fair
4 Jun 09While a plurality of Americans say coverage of the nomination has been fair, Republicans are significantly more likely to say it has not been critical enough.
Pew Research Center for the People & the Press

Public Backs Affirmative Action, But Not Minority Preferences
2 Jun 09The public has generally been supportive of affirmative action programs, but is decidedly opposed to the idea of providing preferential treatment to minorities.
Pew Research Center for the People & the Press

Court of Public Opinion Sides with Women on Empathy
21 May 09Obama says empathy is one of the qualities he'll be looking for in a new Supreme Court justice. Meantime, his White House has floated a list of possible nominees that's stacked heavily with women. Coincidence?
Pew Research Center

A Clash of Rights? Gay Marriage and the Free Exercise of Religion
20 May 09Although churches and other religious organizations, including charities and schools, have typically been exempt from state and local laws prohibiting discrimination based on sexual orientation, it remains unclear how these institutions might be affected by new laws that require equal treatment for same-sex marriages.
Pew Forum on Religion & Public Life

The Establishment Clause and Government Funding of Faith-Based Organizations
14 May 09Most legal scholars agree that the Establishment Clause in the First Amendment to the U.S. Constitution limits at least some government funding of religion, but they disagree sharply on exactly what is permissible.
Pew Forum on Religion & Public Life

Hispanics and the Criminal Justice System: Low Confidence, High Exposure
7 Apr 09Latino confidence in the U.S. criminal justice system is closer to the low levels expressed by blacks than the high levels expressed by whites.
Pew Hispanic Center

A Rising Share: Hispanics and Federal Crime
18 Feb 09Sharp growth in illegal immigration and increased enforcement of immigration laws have dramatically altered the ethnic composition of offenders sentenced in federal courts.
Pew Hispanic Center

Darwin Debated: Religion vs. Evolution
4 Feb 09Two hundred years after Charles Darwin’s birth, and 150 years after he published On the Origin of Species by Means of Natural Selection, Americans are still fighting over evolution. If anything, the controversy has recently grown in both size and intensity. In a multi-part package, the Pew Forum on Religion & Public Life explores the many facets of the debate as it has evolved from its origins to the present day.
Pew Forum on Religion & Public Life

In Brief: Pleasant Grove City v. Summum
6 Nov 08May a locality that allows one religious group to erect a monument in a city park deny that privilege to another religious sect? On Nov. 12, the Supreme Court will hear arguments in the case of Pleasant Grove City v. Summum.
Pew Forum on Religion & Public Life

Brutalism v. Church: A Congregation Sues D.C. Over Historic Landmarking
27 Oct 08To the city of Washington DC, it’s a classic example of Brutalist architecture; to church members, it’s a costly concrete block that obstructs their ability to practice their Christian Science faith.
Pew Forum on Religion & Public Life

The Blaine Game: Controversy Over the Public Funding of Religion
24 Jul 08A scholar discusses challenges in Florida to its so-called Blaine Amendments that restrict state aid to religious schools. More than two-thirds of states have similar constitutional provisions.
Pew Forum on Religion & Public Life

Organized Religion's Role in the Military
8 Jul 08In recent years, cadets, military officers and chaplains have asserted competing constitutional rights. Church-state scholar Robert W. Tuttle discusses the legal complications in an interview with Pew Forum.
Pew Forum on Religion & Public Life

What Limits Remain on Government Funding of Religion?
Hein v. Freedom From Religion Foundation: In Brief
12 Jun 08A recent case permits executive agencies to fund religious groups and activities without fear of constitutional litigation.
Pew Forum on Religion & Public Life

Two Perspectives on Gay Marriage
5 May 08To explore the issues raised by same-sex marriage, the Pew Forum interviewed former Sen. Rick Santorum, who opposes gay marriage, and journalist Jonathan Rauch, who argues in its favor.
Pew Forum on Religion & Public Life

Courts Not Silent on Moments of Silence
24 Apr 08An Illinois statute, now on temporary hold by a U.S. District Court, has given rise to the latest in a long line of constitutional cases involving required moments-of-silence in public schools.
Pew Forum on Religion & Public Life

An Overview of the Same-Sex Marriage Debate
10 Apr 08The controversy ignited by the Massachusetts High Court ruling allowing gay and lesbian couples to marry continues to rage in state courts and legislatures as well as in churches across the nation.
Pew Forum on Religion & Public Life

On the Court's Docket: Child Rape and the Death Penalty
7 Apr 08Is capital punishment for child rapists constitutional? On April 16, the Supreme Court will hear arguments pro and con. A legal expert discusses possible outcomes and implications of the case.
Pew Forum on Religion & Public Life

The Death Penalty in America
19 Dec 07Religious communities have been deeply involved on both sides of the capital punishment issue. As the Supreme Court prepares to hear arguments in a case challenging use of lethal injection, a Pew Forum special report examines the history of the death penalty, arguments before the court and public opinion.
Pew Forum on Religion & Public Life

Tobacco Case Could Limit State Powers
28 Nov 07Forty state laws regulating internet tobacco sales -- and many other laws governing dangerous products -- are at stake in a case heard by the U.S. Supreme Court this week.
Stateline.org

A Delicate Balance: The Free Exercise Clause and the Supreme Court
24 Oct 07More than a century of court decisions in this area have forged a ragged path from one extreme to the other, with permutations in between.
Pew Forum on Religion & Public Life

The Free Exercise Clause and the Parameters of Religious Liberty
24 Oct 07An expert on law and religion discusses concrete examples of protected religious expression – must the sheik remove his turban when boarding a plane?
Pew Forum on Religion & Public Life

Lethal Injection Goes on Trial, But Goes On
26 Sep 07The U.S. Supreme Court has agreed to hear arguments on a case brought by two Kentucky prisoners, who argue that the state's lethal injection drug regimen exposes inmates to illegal cruel and unusual punishment. But – to the disappointment of death-penalty opponents – the use of lethal injection continues.
Stateline.org

Much Campus Crime Goes Unreported
New Post-Virginia Tech Report Gives Added Weight to Concerns
20 Sep 07Schools and colleges across the country do not report violent incidents on campus consistently or accurately -- in many cases because they are not required to, according to safety experts and a new report by 27 state attorneys general.
Stateline.org

A Half Century After It First Appeared on the Dollar Bill, "In God We Trust" Still Stirs Opposition
12 Sep 07Oct. 1 marks the 50th anniversary of the appearance of the words on U.S. paper currency. The phrase, which is also the nation's official motto, has been caught in a broader controversy over just how high the wall separating church and state should stand.
Pew Forum on Religion & Public Life

A Changing Racial and Ethnic Mix in U.S. Public Schools
White Students are Less Isolated but Blacks and Hispanics Are More So
30 Aug 07A new analysis of public school enrollment data by the Pew Hispanic Center finds that in the dozen years from 1993-94 to 2005-06, white students became significantly less isolated from minority students while, at the same time, black and Hispanic students became slightly more isolated from white students.
Pew Hispanic Center

Same-Sex Marriage: Redefining Legal Unions Around the World
11 Jul 07In many countries around the globe, gay and lesbian couples are seeking the right to marry or enter into other legally recognized forms of domestic partnerships. The legal definition of marriage is in flux, particularly in the developed world.
Pew Forum on Religion & Public Life

New State Laws as of July 1
Bad News for Body Dismemberers in Iowa, Brass-Knuckle Wearers in Mississippi; Good News for Grocery Buyers in Arkansas, Flag-Makers in Arizona
2 Jul 07The start of a new fiscal year in 46 states has activated a host of new laws bringing bad news for body dismemberers in Iowa and brass-knuckle wearers in Mississippi, but good news for grocery buyers in Arkansas and flag-makers in Arizona along with a host of other winners and losers.
Stateline.org

From the Ten Commandments to Christmas Trees: Public Religious Displays and the Courts
27 Jun 07As a supplement to a Pew Forum legal backgrounder, Prof. Robert W. Tuttle discusses how current law might apply in circumstances such as a recent religious display controversy in Louisiana.
Pew Forum on Religion & Public Life

Capital Punishment's Constant Constituency: An American Majority
26 Jun 07Beginning with its temporary moratorium on the death penalty 35 years ago this month, the Supreme Court has changed its view of capital punishment more than once. The public, however, has not.
Pew Forum on Religion & Public Life

Embryonic Stem Cell Research Divides States
President Bush's second veto of federal funding puts the issue squarely in states' hands
21 Jun 07President Bush's decision to again veto legislation allowing federal funding puts the issue squarely in states' hands – and some states are already vying to lure scientists and investors.
Stateline.org

The Darwin Debate
20 Years after a Landmark Supreme Court Decision, Americans Are Still Fighting About Evolution
13 Jun 07Twenty years after a landmark Supreme Court decision, Americans are still fighting over the teaching of creationism and other alternatives to evolution in the nation's schools.
Pew Forum on Religion & Public Life

Legal Backgrounder: The Supreme Court Charts a New Direction on Abortion Jurisprudence in Gonzales v. Carhart
11 Jun 07A Pew Forum legal backgrounder examines the new direction in jurisprudence charted by the Supreme Court's April 2007 ruling that the Federal Partial Birth Abortion Ban Act does not violate the constitutional right to abortion.
Pew Forum on Religion & Public Life

Abortion Ruling Sets New State Battle Lines
30 Apr 07Prompted by the U.S. Supreme Court's approval of a federal ban on partial-birth abortion, activists on both sides of the abortion battle are aiming their sights at state capitols, where new campaigns already are under way.
Stateline.org

Va. Tech Shootings Produce Little Boost for Gun Control
Public Also Divided About Causes of Massacre
23 Apr 07Six-in-ten Americans say it is more important to control gun ownership, while 32% give priority to protecting Americans' right to own guns. But a 55% majority opposes a ban on the sale of handguns.
Pew Research Center for the People & the Press

High Court Decision Could Raise Abortion's Profile in Campaign
19 Apr 07Although the court did not entirely eliminate the health exception, Wednesday's 5-4 Supreme Court decision upholding a federal law banning a controversial abortion procedure probably made the waiver less meaningful. This will almost certainly energize both sides in the abortion debate and put pressure on presidential contenders to take clearer positions on the issue.
Pew Forum on Religion & Public Life

After the Tragedy: Va. Tech Shootings Revive Debate over Gun Control
17 Apr 07The rampage at the Blacksburg, Va., campus touched a nerve over gun safety on college campuses, including among Virginia lawmakers who had recently sparred over a firearms ban.
Stateline.org

The NRA's Image Improves as Support for Gun Control Slips
4 Apr 07Surveys taken before the Virginia Tech shootings showed that Americans had become less disposed to support gun control measures than they were in the years surrounding the Columbine school shootings in 1999.
Pew Research Center for the People & the Press

States Say No to Teen Tanning
Utah and Virginia Join 25 Other States in Limiting Underage Access to Bronzing Beds - Is There a 'Personal Right to Tan'?
27 Mar 07Spurred by worries about skin cancer, Utah and Virginia have joined 25 other states in limiting underage access to bronzing beds
Stateline.org

Strange Bedfellows: Why Are Some Religious Groups Defending 'Bong Hits 4 Jesus'?
26 Mar 07A recent Supreme Court case involving the free speech rights of students is producing some very unusual alliances. Christian conservative groups, such as the American Center for Law and Justice and the Christian Legal Society, are defending a student who was punished by his high school principal for holding up a sign that read "Bong Hits 4 Jesus."
Pew Forum on Religion & Public Life

Death Penalty on Hold
Role of Doctors in Lethal Injections Is Forcing Reexamination of Capital Punishment in Many States
21 Mar 07After 897 executions by lethal injection over the past 25 years, the role of doctors in carrying out the death penalty is surfacing as the latest ethical issue to force a re-examination of capital punishment in the United States.
Stateline.org

A Verdict on the Media's Verdict on the Libby Trial
Not Guilty of Overt Celebration
8 Mar 07The jury has spoken in the perjury and obstruction trial of Scooter Libby that so intimately involved the journalism profession itself. We know the vice-president's former top aide was found guilty. But who and what else did the media implicate in its post-verdict coverage?
Project for Excellence in Journalism

Gay Marriage Ripe for Court Decisions in Three States
1 Mar 07A Stateline.org backgrounder examines the issue of gay marriage three years after a historic Massachusetts court ruling legalized same-sex marriage in the state. All eyes are now on the highest courts in California, Connecticut and Maryland, where decisions on the constitutionality of gay marriage are likely this year.
Stateline.org

Same-Sex Marriage in California: Legal and Political Prospects
28 Feb 07Experts debate a pending state Supreme Court decision and the larger societal issues involved.
Pew Forum on Religion & Public Life

Lethal Injection on Trial
Already on hold in 12 states, the death penalty faces further attacks in courts and legislatures this year
17 Jan 07Already effectively on hold in 12 states, the death penalty will come under further attack in state legislatures and courts this year. In particular, lethal injection, once seen as a more humane alternative to the gas chamber, electric chair, firing squad or gallows now faces serious challenges.
Stateline.org

The Christmas Wars: Religion in the American Public Square
12 Dec 06Every year as the holiday season gets underway, debates break out across the country over the appropriateness of religious displays in public spaces. But the so-called "Christmas Wars" are only a small part of a much larger debate concerning the proper place of religion in public life, a debate that began at the nation's founding.
Pew Forum on Religion & Public Life

U.S. Supreme Court to Hear Partial Birth Abortion Cases
1 Nov 06Revisiting a set of issues it last considered in 2000, a U.S. Supreme Court that has since become more conservative will hear oral arguments next week in two partial birth abortion cases. The changes in the court's composition raise the possibility of a different outcome this time.
Pew Forum on Religion & Public Life

The Death Penalty Today: Defend It, Mend It or End It?
21 Jul 06In recent years, the nation has debated the proper application, morality and constitutionality of the death penalty. In this Pew Forum event transcript, four legal experts candidly debate the death penalty.
Pew Forum on Religion & Public Life

No Clamor for Amendment From Flag-Waving Public
28 Jun 06About two-in-three Americans fly the flag. Nearly three-in-four say flag burning should be illegal. Roughly half say it should be unconstitutional. But despite these protective instincts, there's been no public clamor demanding that Congress take steps to defend Old Glory against burners and desecrators.
Pew Research Center

States Probe Limits of Abortion Policy
While Public Attention Is Focused on the Supreme Court, the Real Action May Be in State Capitols
22 Jun 06The U.S. Supreme Court may loom largest in the legal history of abortion in the United States, but state capitols from the 1800s to today have been the crucibles of America's evolving abortion policies. Stateline.org highlights the pivotal role that states continue to play in setting abortion policy.
Stateline.org

Supreme Court's Decision in Gonzales v. Oregon
High Court Rejects Federal Regulation of Physician-Assisted Suicide
31 Jan 06The Pew Forum analyzes the Supreme Court's January 17 decision that the 1970 Controlled Substances Act (CSA) does not give the U.S. attorney general the authority to prohibit Oregon doctors from prescribing lethal doses of drugs to certain terminally ill patients who want to end their own lives.
Pew Forum on Religion & Public Life