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Articles 1 - 10 of 10
Full-Text Articles in Law
“Do Not Ever Refer To My Lord Jesus Christ With Pronouns”: Considering Controversies Over Religiously Motivated Discrimination On The Basis Of Gender Identity, Linda C. Mcclain
“Do Not Ever Refer To My Lord Jesus Christ With Pronouns”: Considering Controversies Over Religiously Motivated Discrimination On The Basis Of Gender Identity, Linda C. Mcclain
Faculty Scholarship
In the by-now familiar framing “religious freedom versus LGBT+ rights,” perhaps the most visible conflicts today in the United States, and elsewhere, concern the “T”—transgender or gender identity rights. This issue of the Journal of Law and Religion includes a conversation in print between Patrick Parkinson, Laura Portuondo and Claudia Haupt, and Shannon Gilreath on this timely topic, and their contrasting perspectives mirror dimensions of the larger public controversies. Although tweets like those quoted above (by unsuccessful Republican congressional candidate Lavern Spicer) asserting that neither the Bible nor Jesus had pronouns sparked both factual corrections and comical retorts, 3 the …
Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas
Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas
Journal of Race, Gender, and Ethnicity
No abstract provided.
Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo
The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo
St. Mary's Law Journal
Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for abortions in cases of …
Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem
DePaul Journal of Women, Gender and the Law
This paper explores how the human right of religious freedom has been conceptually and pragmatically developed under international law within the European Court of Human Rights as applied to veiled Muslim women. This paper analyzes the application of human rights guarantees as established in the European Convention on Human Rights and case law established by the European Court that has interpreted international documents to determine the religious freedoms of veiled Muslim women in the public sphere. The analytical framework identifies the divergence between liberal and third wave feminist approaches to the Islamic veil, and identifies the feminist approaches to international …
Hobby Lobby: The Crafty Case That Threatens Women's Rights And Religious Freedom, Leslie C. Griffin
Hobby Lobby: The Crafty Case That Threatens Women's Rights And Religious Freedom, Leslie C. Griffin
Scholarly Works
Despite the pro-religion rhetoric surrounding it, Hobby Lobby marks a loss of religious freedom. Missing from the majority's opinion is the core concept that religious freedom is necessary to protect the rights of all Americans, and that a religious belief must not be imposed on citizens through the force of law. Any interpretation of the First Amendment or the Religious Freedom Restoration Act ("RFRA")' that imposes one citizen's religious faith upon another must be rejected. This Article defends this non-imposition model of religious freedom and describes why and how Hobby Lobby incorrectly departed from it.
The Challenge Of Strong Religion In The Liberal State, Gila Stopler
The Challenge Of Strong Religion In The Liberal State, Gila Stopler
Gila Stopler
Liberal states are struggling to find ways to deal with strong religion in a manner that would enable them to give due respect to the religious beliefs of citizens while at the same time to adhere to core liberal values such as respect for human rights and avoidance of undue entanglement of religious and state authority. One type of solution that has been offered is granting authority and autonomy to private religious tribunals, for example in the area of religious family law. Another type of solution is creating a direct link between state law and some religious obligations, as was …
Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost
Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost
Scholarly Articles
Not available.
Undressing Difference: The Hijab In The West, Anita L. Allen
Undressing Difference: The Hijab In The West, Anita L. Allen
All Faculty Scholarship
On March 15, 2006, French President Jacques Chirac signed into law an amendment to his country’s education statute, banning the wearing of "conspicuous" signs of religious affiliation in public schools. Prohibited items included "a large cross, a veil, or skullcap." The ban was expressly introduced by lawmakers as an application of the principle of government neutrality, "du principe de laïcité." Opponents of the law viewed it primarily as an intolerant assault against the hijab, a head and neck wrap worn by many Muslim women around the world. In Politics of the Veil, Professor Joan Wallach Scott …
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.