Kansas' New "Bathroom Bill" And More First Amendment Lawsuits: February 23, 2026

Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain a new First Amendment lawsuit, a case against a Buddhist temple that could impact Catholic seminaries and religious orders, and Kansas' new "bathroom bill."

In this episode, we discuss:

1:17 A challenge to Colorado's Blaine Amendment, a law that prevents any state dollars from going to religious organizations. While the US Supreme Court has rendered such laws largely ineffective, Colorado's has never been challenged in court.

14:34 A former member of a Buddhist temple in San Francisco sued for uncollected wages. The lawsuit, which is pending before the California Supreme Court, hinges upon whether the ministerial exception applies to such claims. The case could have a major impact on Catholic seminaries and religious orders in the state.

28:12 The Kansas legislature recently overrode the governors veto of a law that makes it a crime to enter public bathrooms reserved for the opposite sex. The law also applies to locker rooms in public schools. It builds upon a 2023 state law that legally defined sex and an immutable characteristic tied to biology.

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Topics: Free Exercise Jurisprudence, Carson v. Makin, Establishment Clause, Church Autonomy Doctrine, transgenderism.

The Napa Legal Podcast, February 24, 2026.

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