Religion Law Commons^™

Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Five Ways Law School Contributes to Life’s True Purpose
• Faith in Law: A Q&A with President Dallin H. Oaks
• Personal Religious Conviction and the Practice of Law

When “Close Enough” Is Not Enough: Accommodating The Religiously Devout, Dallan F. Flake

BYU Law Review

Title VII of the Civil Rights Act of 1964 requires employers to “reasonably accommodate” employees’ religious practices that conflict with work requirements unless doing so would cause undue hardship to their business operations. Can an accommodation be reasonable if it only partially removes the conflict between an employee’s job and their religious beliefs? For instance, if a Christian employee requests Sundays off because he believes working on his Sabbath is a sin, and his employer responds by giving him Sunday mornings off to attend church services but requires him to work in the afternoon, has the employer provided a reasonable …

Dignity, Deference, And Discrimination: An Analysis Of Religious Freedom In America’S Prisons, Elyse Slabaugh

BYU Law Review

The free exercise of religion often presents a complex reality in prison. Over the years, the standard of scrutiny for free exercise claims has not only been easily alterable but also unclear and inconsistent in its application. Recent legislation, such as RLUIPA and RFRA, has significantly improved the state of religious freedom in prisons. However, two U.S. Supreme Court decisions on RLUIPA—Cutter v. Wilkinson and Holt v. Hobbs—have led to some confusion among lower courts regarding the level of deference that should be afforded to prison officials. Although Holt demonstrated a hard look approach to strict scrutiny, it did nothing …

Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin

BYU Law Review

Federal law requires schools to protect students from discrimination based on their sexual orientation and gender identity. This protection is based on the principle that students must be free to explore their self-identity within the school environment as part of their intellectual development. Thus, schools must eliminate speech that threatens LGBTQ students based on their gender identity or sexual orientation. However, schools must also protect free speech and religious rights. Indeed, the expression of religious beliefs is also crucial to intellectual growth. Thus, schools must develop student speech policies that protect LGBTQ students from harmful speech while protecting controversial religious …

Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Rooting Out Racism
• How Do We Practice Our Religion While We Practice?
• Hope in Hardship
• The Unity Paradox

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Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill

BYU Law Review

No abstract provided.

Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark

Faculty Scholarship

Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …

Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks

Faculty Scholarship

The “contraception mandate” of the Patient Protection and Affordable Care Act of 2010 poses a straightforward question for religious liberty jurisprudence: Must government excuse a believer from complying with a religiously burdensome law, when doing so would violate the liberty of others by imposing on them the costs and consequences of religious beliefs that they do not share? To ask this question is to answer it: One's religious liberty does not include the right to interfere with the liberty of others, and thus religious liberty may not be used by a religious employer to force employees to pay the costs …

Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin

Brigham Young University Education and Law Journal

No abstract provided.

Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter

BYU Law Review

No abstract provided.

Defamation Of Religions: A Vague And Overbroad Theory That Threatens Basic Human Rights, Allison G. Belnap

BYU Law Review

No abstract provided.

Keynote Address: After Twenty-Five Years, Robert A. Seiple

BYU Law Review

No abstract provided.

Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal

BYU Law Review

No abstract provided.

Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.

Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser

Brigham Young University Journal of Public Law

No abstract provided.

The Story Of A Forgotten Battle: Reviewing The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America, Nathan B. Oman

BYU Law Review

No abstract provided.

Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez

BYU Law Review

No abstract provided.

Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen

BYU Law Review

No abstract provided.

Caught Between The Scylla And Charybdis: Ameliorating The Collision Course Of Sexual Orientation Anti-Discrimination Rights And Religious Free Exercise Rights In The Public Workplace, Josiah N. Drew

Brigham Young University Journal of Public Law

No abstract provided.

The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii

BYU Law Review

No abstract provided.

Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith

BYU Law Review

No abstract provided.

Public Schools And The Inevitability Of Religious Inequality, Richard F. Duncan

BYU Law Review

No abstract provided.

Kiss Of Death: Application Of Title Vii's Prohibition Against Religious Discrimination In The Kingdom Of Saudi Arabia, James D. Phipps

BYU Law Review

No abstract provided.

Toward A Constitutional Jurisprudence Of Religious Group Rights, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

Permitting Religious Employers To Discriminate On The Basis Of Religion: Application To For-Profit Activities, Scott Klundt

BYU Law Review

No abstract provided.