Law Commons^™

Tax Exemptions Protect Religious Freedom. We Should Keep Them, Richard Garnett

Richard W Garnett

Instead of asking whether churches and religious organizations deserve to be tax-exempt, we should ask why governments should be able to tax them at all. Taxation, after all, involves interference by the state, and in a free society such interference needs to be justified.

Introduction: Essays In Honor Of Professor Robert E. Rodes, Jr., Richard W. Garnett

Richard W Garnett

The Notre Dame Law Review is publishing two new essays by two wise and prolific scholars, both of whom have carefully engaged and generously appreciated Professor Rodes in their academic work and both of whom are more than worthy to carry on and help lead the conversations to which he contributed.

Ndls Faculty Experts Comment On Pope's Visit To The United States, Doug Cassel, Richard Garnett, Margaret Brinig, Nicole Garnett

Richard W Garnett

Several faculty members have been working with the media giving quotes, interviews, and writing op-eds on the Pope’s visit to the United States.

Religious Accommodations And – And Among – Civil Rights: Separation, Toleration, And Accommodation, Richard W. Garnett

Richard W Garnett

This paper expands on a presentation at a recent conference, held at Harvard Law School, on the topic of “Religious Accommodations in the Age of Civil Rights.” In it, I emphasize that the right to religious freedom is a basic civil right, the increased appreciation of which is said to characterize our “age.” Accordingly, I push back against scholars’ and commentators’ increasing tendency to regard and present religious accommodations and exemptions as obstacles to the civil-rights enterprise and ask instead if our religious-accommodation practices are all that they should be. Are accommodations and exemptions being extended prudently but generously, in …

When It Comes To Abolishing The Death Penalty, Who Should Decide?, Richard Garnett

Richard W Garnett

Rick Garnett had the op-ed When It Comes to Abolishing the Death Penalty, Who Should Decide? published in the America on June 29.

Rick Garnett Was Quoted In The Atlantic Article "Gay Marriage And The Future Of Evangelical Colleges", Richard Garnett

Richard W Garnett

Now that same-sex couples have the right to wed, will higher-ed institutions that condemn LGBT students still be eligible for federal funding? “It seems to me very likely that, in the coming years, schools and universities that accept public funds and support will be required—as a condition of those funds—to have nondiscrimination rules that forbid discrimination on sexual-orientation grounds,” said Rick Garnett, a professor who oversees the Program on Church, State & Society at Notre Dame’s law school, in an email. “And, these rules will not distinguish between sexual-orientation discrimination and non-recognition of same-sex marriages.”

Tribute To The Honorable Richard S. Arnold, Richard W. Garnett

Richard W Garnett

A former law clerk recounts Judge Arnold’s life and service.

Quoted In The Christian Science Monitor Article, "Ruling Against Obamacare Birth Control Mandate Creates Legal Limbo", Richard Garnett

Richard W Garnett

“When it comes to the accommodation of religion, there are always a number of variables in play, including the sincerity of the claimants' asserted beliefs, the strength of the government's interest in denying the exemption, and the nature of the burden that the government is imposing on religious exercise,” wrote Richard Garnett, a political scientist at the University of Notre Dame in an e-mail to The Christian Science Monitor. “There is, at present, disagreement and even confusion among scholars and courts over how to identify and evaluate alleged burdens on religion,” he added.

Quoted In The Washington Post Article "Legally, ‘God’S Authority’ Is A Tough Issue", Richard Garnett

Richard W Garnett

"Appeals to “natural law,” and morality, as Davis and Bunning discussed Thursday, are difficult for a judge to assess," said Richard Garnett, a Notre Dame law professor who specializes in religion and the law.

Bloomberg Law Brief: Georgia Says No To A Kkk Group, Richard Garnett

Richard W Garnett

Rick Garnett was a guest on the Bloomberg Law Brief: Georgia Says No to a KKK Group (Audio) on July 17, 2015.

The Worms And The Octopus: Religious Freedom, Pluralism, And Conservatism, Richard Garnett

Richard W Garnett

formidable challenge for an academic lawyer hoping to productively engage and intelligently assess “American Conservative Thought and Politics” is answering the question, “what, exactly, are we talking about?” The question is difficult, the subject is elusive. “American conservatism” has always been protean, liquid, and variegated – more a loosely connected or casually congregating group of conservatisms than a cohesive and coherent worldview or program. There has always been a variety of conservatives and conservatisms – a great many shifting combinations of nationalism and localism, piety and rationalism, energetic entrepreneurism and romanticization of the rural, skepticism and crusading idealism, elitism and …

Quoted In The Penn Live Article, "Pope Francis Not Likely To Give Congress Answers To Thorny Issues", Richard Garnett

Richard W Garnett

"He is not interested in making politicians--whether 'liberal' or 'conservative'--feel comfortable or smug."—Rick Garnett

Rick Garnett Was Quoted In Npr – Justices Give Officials More Say On Cars’ Plates, Less On Roadside Signs On June 18 2015, Richard Garnett

Richard W Garnett

No abstract provided.

Rick Garnett Was Quoted In The Washington Post – Supreme Court Rules For Arizona Church In Sign Ordinance Case On June 18 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in The Washington Post – Supreme Court rules for Arizona church in sign ordinance case on June 18 2015

Rick Garnett Was Quoted In The Denver Post Article "Douglas County School Voucher Supporters Eye Bigger Legal Fight", Richard Garnett

Richard W Garnett

No abstract provided.

Quoted In The Tax Notes Today Article "Professionals Minimize Koskinen’S Obergefell Statements", Richard Garnett

Richard W Garnett

Quoted in the Tax Notes Today article "Professionals Minimize Koskinen’s Obergefell Statements," 2015 TNT 170­-5 (Sept. 2, 2015). (subscription required) (full text is available through Lexis).

Rick Garnett Was Quoted On The New York Times Article "Schools Fear Impact Of Gay Marriage Ruling On Tax Status", Richard Garnett

Richard W Garnett

No abstract provided.

Two Overlooked Free Speech Rulings From Scotus, Richard Garnett

Richard W Garnett

It was a busy day at the Court—the justices issued opinions in six decided cases—and, while it's safe to say that some were disappointed by the absence of an Obamacare or marriage blockbuster, two of the decisions have the potential to be landmark, even if underappreciated, freedom-of-speech rulings: Reed v. Town of Gilbert and Walker v. Sons of Confederate Veterans.

Each of these rulings involved the re-affirmation and application of longstanding, "black letter" First Amendment doctrine and each will have implications and reverberations that are not yet clear. In a way, the strong protections that were vindicated in Reed are …

Rick Garnett Was A Guest On The Bloomberg Law Podcast Laws Over Separation Of Church And State On April 16, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was a guest on the Bloomberg Law podcast Laws Over Separation of Church and State on April 16.

Rick Garnett Was Quoted In The La Time Article Supreme Court Sides With Muslim Girl Denied A Job Over Head Scarf On June 1, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the LA Time article Supreme Court sides with Muslim girl denied a job over head scarf on June 1. Notre Dame law professor Richard Garnett saw the decision as reflecting the nation’s broad support for religious liberty. “The free exercise of religion takes place every day, not just on holy days, and in all aspects of life, including work,” he said.

Viewpoint: Correcting Misimpressions About Religious Freedom, Richard Garnett

Richard W Garnett

Op-ed Viewpoint: Correcting misimpressions about religious freedom by Rick Garnett was published in the South Bend Tribune on March 26, 2015.

Rick Garnett Was Quoted In The National Catholic Reporter Article Bishops Call For ‘Mutual Respect’ In ‘Necessary Dialogue’ On Rfra On April 1, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the National Catholic Reporter article Bishops call for ‘mutual respect’ in ‘necessary dialogue’ on RFRA on April 1. Richard Garnett, a law professor at the University of Notre Dame in northern Indiana, in an opinion column in the March 26 issue of the South Bend Tribune, called the state's RFRA a "moderate measure" modeled after the federal law and those of several other states and said it "does not give anyone a 'license to discriminate.'" Garnett noted that the more than 20 years of history of the applying of RFRA statutes to specific cases shows …

Is A Confederate Flag License Plate Free Speech?, Richard Garnett

Richard W Garnett

On March 23, Rick Garnett contributed to a Bloomberg Law podcast on "Is A Confederate Flag License Plate Free Speech?"

Rick Garnett Was Quoted In The Usa Today Article What The ‘Religious Freedom’ Law Really Means For Indiana On March 31, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the USA Today article What the ‘religious freedom’ law really means for Indianaon March 31. "It's not right to see RFRA as a response or a reaction to what's happening with sexual orientation discrimination or marriage," said University of Notre Dame law professor Richard Garnett, who supports the law. "It is bigger than that."

Rick Garnett Contributed To A Bloomberg Law Podcast On Is A Confederate Flag License Plate Free Speech? On March 23, 2015, Richard Garnett

Richard W Garnett

On March 23, Rick Garnett contributed to a Bloomberg Law podcast on Is A Confederate Flag License Plate Free Speech?

Rick Garnett Was Quoted In The Indy Star Article Indiana Religious Freedom Bills Fraught With Rhetoric On February 7, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Indy Star article Indiana religious freedom bills fraught with rhetoric on February 7. Richard Garnett, a law professor at the University of Notre Dame and also an author of the letter, said it is "unfortunate that the facts about how religious-accommodations laws actually work, and what they actually do, are too often buried by inaccurate criticisms, implausible predictions, and name-calling."

Parents’ Beliefs Should Be Honored, Within Reason, Richard Garnett

Richard W Garnett

Rick Garnett had the op-ed Parents’ Beliefs Should Be Honored, Within Reason published in the New York Times on March 10.

Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett

Richard W Garnett

No abstract provided.