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Articles 1 - 7 of 7
Full-Text Articles in Law
The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril
The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril
Northwestern Journal of Law & Social Policy
This article addresses the Trump administration’s consistent misinterpretation and misapplication of legal precedent to support unnecessary religious exemptions that exceed Constitutional mandates and impair the rights of third parties to access federal services and programs. Proponents of this routinized repeal of civil rights protections argue that the Trump administration is merely restoring the correct balance of religious liberties in the federal government. However, the regulations and policies included in this campaign unconstitutionally broaden the already robust religious protections provided by statutes and court decisions and have the effect of dismantling the civil rights infrastructure of the past 50 years.
Despite …
Muslims’ Religious Freedom And Religiosity: Measurement And Impact, Hannah M. Ridge
Muslims’ Religious Freedom And Religiosity: Measurement And Impact, Hannah M. Ridge
Political Science Faculty Books and Book Chapters
Multiple measures of religious freedom and states’ regulation of religion are at work in sociology of religion. These scales apply one score to a country or to a subset of its policies. A uniform state score conceals the internal religious diversity and the heterogeneous experiences of religious freedom that can result. These, in turn, encourage ecological fallacies and mask the disparate impact that religious freedom for one’s own community and for other groups can have on individuals’ preferences and decisions. To demonstrate the value of measuring and studying religious freedom at the individual level, this study applies individual-level assessments of …
Legal Scholars & Theologians Partner On An Ambitious Vision For Religious Liberty, Elizabeth Reiner Platt
Legal Scholars & Theologians Partner On An Ambitious Vision For Religious Liberty, Elizabeth Reiner Platt
Center for Gender & Sexuality Law
Oct. 6, 2020—To safeguard the right to religious freedom, the next presidential administration must end the hyper-surveillance of Muslims, welcome religious refugees, protect land sacred to Native communities, restore church-state separation, and withdraw policies that favor particular religious beliefs, argues a new report co-authored by the Law, Rights, and Religion Project at Columbia University (LRRP) and Auburn Seminary.
Law's Racism: The Perpetuation Of Settler Colonialism In Ktunaxa V. British Columbia, Christian J. Zukowski
Law's Racism: The Perpetuation Of Settler Colonialism In Ktunaxa V. British Columbia, Christian J. Zukowski
Gettysburg Social Sciences Review
In considering the nexus between law, religion, and settler colonialism I consider a case in which an Indigenous freedom of religion claim under section 2(a) of the Canadian Charter of Rights and Freedoms was ruled by the majority of Supreme Court of Canada as not being a valid freedom of religion claim. In examining this decision, I will construct an analytical framework by which I will examine the decision in a way that considers the legal system in which it occurs, that legal system’s culture, and the relevance of land in this case. Using this analytical framework, I will tease …
The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin
The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Historical Foundations And Enduring Fundamentals Of American Religious Freedom, John Witte Jr.
Historical Foundations And Enduring Fundamentals Of American Religious Freedom, John Witte Jr.
Faculty Articles
For all of their failures and shortcomings, the eighteenth-century founders did indeed begin on the right “path” toward a free society, and today, Americans enjoy a good deal of religious, civil, and political freedom as a consequence. American principles of religious freedom have had a profound influence around the globe, and they now figure prominently in a number of national constitutions and international human rights instruments issued by political and religious bodies.
To be sure, as Adams predicted, there has always been a “glorious uncertainty of the law” of religious liberty and a noble diversity of understandings of its details. …
Forgotten Federal-Missionary Partnerships: New Light On The Establishment Clause, Nathan Chapman
Forgotten Federal-Missionary Partnerships: New Light On The Establishment Clause, Nathan Chapman
Scholarly Works
Americans have long disputed whether the government may support religious instruction as part of an elementary education. Since Everson v. Board of Education (1947), the Supreme Court has gradually articulated a doctrine that permits states to provide funds, indirectly through vouchers and in some cases directly through grants, to religious schools for the nonreligious goods they provide. Unlike most other areas of Establishment Clause jurisprudence, however, the Court has not built this doctrine on a historical foundation. In fact, in Trinity Lutheran v. Comer (2017), the dissenters from this doctrine were the ones to rely on the founding-era record.
Intriguingly, …