Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Religious liberty (4)
- Establishment Clause (3)
- Civil rights (2)
- Constitution (2)
- Discrimination (2)
-
- Islam (2)
- Politics (2)
- 1980) (1)
- ASECS (1)
- Abolition of poverty (1)
- Abortion rights (1)
- Access to courts (1)
- Adequacy of appeals (1)
- Advance discrimination (1)
- African Commission on Human and People's Rights (1)
- American Revolution (1)
- André Morellet (1)
- Antidiscrimination (1)
- Austria (1)
- Benjamin Franklin (1)
- Catholic health care (1)
- Christianity (1)
- Civil rights act (1)
- Civil rights; constitutional law; religion; sexual orientation; race (1)
- Coercion (1)
- Committee on the Rights of the Child (1)
- Committee on the [Elimination] of Racial Discrimination (1)
- Constituional (1)
- Constitution of the Republic of Kenya (1)
- Constitutional reform (1)
- Publication
-
- Center for Gender & Sexuality Law (3)
- Faculty Scholarship (2)
- Maine Law Review (2)
- Notre Dame Law Review Reflection (2)
- All Faculty Scholarship (1)
-
- American University Law Review (1)
- Cleveland State Law Review (1)
- Fordham Law Review (1)
- Indiana Journal of Constitutional Design (1)
- Indiana Journal of Global Legal Studies (1)
- Joseph Isanga (1)
- Manuscript Collection (1)
- Michigan Law Review Online (1)
- Perkins Faculty Research and Special Events (1)
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Religion Law
Religion, Discrimination, And Government Funding: Enforcing Civil Rights Law After Masterpiece Cakeshop And Trinity Lutheran, Public Rights/Private Conscience Project
Religion, Discrimination, And Government Funding: Enforcing Civil Rights Law After Masterpiece Cakeshop And Trinity Lutheran, Public Rights/Private Conscience Project
Center for Gender & Sexuality Law
A memorandum published by the Law, Rights, and Religion Project at Columbia Law School (formerly the Public Rights/Private Conscience Project) that clarifies the responsibility of state and local human rights agencies and commissions to robustly enforce civil rights laws — particularly in the context of government-funded social services — in the wake of the Supreme Court’s decisions in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trinity Lutheran Church of Columbia, Inc. v. Comer
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
Indiana Journal of Constitutional Design
In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …
Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud
Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud
Indiana Journal of Global Legal Studies
This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson
Cleveland State Law Review
This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section III …
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Michigan Law Review Online
Trinity Lutheran Church, Inc. v. Comer is a significant setback for a strong separation of church and state. Missouri denied a playground grant to Trinity Lutheran because of a state constitutional provision that bans financial aid to churches. The church sued. The Supreme Court held not only that the Establishment Clause allowed the government to give taxpayer money to Trinity Lutheran, but that the Free Exercise Clause required it. The decision's many flaws are not the focus of this short Essay. Instead, this Essay dissects the Supreme Court's reasoning in order to apply it to current controversies in related areas …
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker
Perkins Faculty Research and Special Events
Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.
For the sake of abolishing slavery, the Thirteenth Amendment says:
(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
(Section 2) Congress shall have power to enforce this article by …
Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett G. Scharffs
Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett G. Scharffs
Notre Dame Law Review Reflection
It seems likely that change in Islam will be affected both by outside and internal sources, as was the case for the Catholic Church and its journey to Dignitatis Humanae. However, one thing the Catholic experience suggests is that meaningful and profound change does not simply come from outside pressures; it comes from authentic and sincere evaluation and interpretation by insiders of a religious tradition of that tradition itself. Thus, if Islam is going to come to embrace religious freedom as an important value, this will be the result, significantly if not primarily, of Muslims interpreting their own sacred …
Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt
Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt
Fordham Law Review
Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims. …
New Report Details Consequences Of Trump Administration’S Overly Broad Guidance On Religious Liberty, Public Rights/Private Conscience Project, Center For American Progress
New Report Details Consequences Of Trump Administration’S Overly Broad Guidance On Religious Liberty, Public Rights/Private Conscience Project, Center For American Progress
Center for Gender & Sexuality Law
April 3, 2018, Washington, D.C. – Obama-era rules prohibiting discrimination in dozens of federal programs could be undermined by the Trump administration’s controversial guidance on religious liberty, according to a new report from the Center for American Progress and Columbia Law School’s Public Rights/Private Conscience Project.
There Is A Place For Muslims In America: On Different Understandings Of Neutrality, Mark A. Goldfelder
There Is A Place For Muslims In America: On Different Understandings Of Neutrality, Mark A. Goldfelder
Notre Dame Law Review Reflection
American neutrality is not about the government making sure religion is not visible or even treated benevolently. The American concept of neutrality just means that the government should not treat religion as special, for better or for worse, simply because it is religion. For example, the Supreme Court has repeatedly held that laws touching religion must have a valid secular purpose, and not serve primarily to advance or inhibit religion. But that does not mean that religion should not be respected. The key to the American conception of religious neutrality lies in the understanding that religion is valuable—despite what strict …
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Joseph Isanga
This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims shouldn't be taxed to fund a …
Comment On U.S. Department Of Health And Human Services Rule, Public Rights/Private Conscience Project
Comment On U.S. Department Of Health And Human Services Rule, Public Rights/Private Conscience Project
Center for Gender & Sexuality Law
In medical facilities across the country, doctors whose conscience would require them to perform a sterilization on a patient who requests one, offer truthful information about accessing abortion services, or provide comprehensive LGBTQ+ health care are forbidden from doing so by their employer. The conscience of such medical providers is entirely ignored by the U.S. Department of Health and Human Service’s (HHS) recently proposed rule that purports to “ensure that persons or entities” providing health care “are not subjected to certain practices or policies that violate conscience, coerce, or discriminate.” As explained in a comment submitted today by the Columbia …
Never On Sunday: Workplace Religious Freedom In The New Millennium, Marianne C. Delpo
Never On Sunday: Workplace Religious Freedom In The New Millennium, Marianne C. Delpo
Maine Law Review
Imagine being fired for refusing to sing Happy Birthday. Now imagine collecting $53,000 for that firing--from a waitressing job. Science fiction? Not exactly. Try religious discrimination in the workplace--1990s style. Title VII of the Civil Rights Act of 1964 has long proscribed such treatment, but lawsuits claiming this type of workplace discrimination were relatively rare for many years. Now claims are on the rise, up 18% over the past five years, and the substance of religious discrimination claims is changing to include some unprecedented fact patterns. This new activity in employment discrimination law, as well as the growing likelihood that …
“Frankly Unthinkable”: The Constitutional Failings Of President Trump’S Proposed Muslim Registry, A. Reid Monroe-Sheridan
“Frankly Unthinkable”: The Constitutional Failings Of President Trump’S Proposed Muslim Registry, A. Reid Monroe-Sheridan
Maine Law Review
On several occasions during the 2016 presidential campaign, Donald Trump endorsed the creation of a mandatory government registry for Muslims in the United States— not just visitors from abroad, but American citizens as well. This astonishing proposal has received little attention in legal scholarship to date, even though Trump has refused to renounce the idea following his election to the presidency. In this Article, I attempt to address President Trump’ s proposal in several ways. First, I aim to provide a thorough analysis demonstrating unequivocally that such a “ Muslim registry,” with the characteristics President Trump has endorsed, would violate …
Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan
Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan
American University Law Review
No abstract provided.
In (Partial) Praise Of (Some) Compromise: Comments On Tebbe, Chad Flanders
In (Partial) Praise Of (Some) Compromise: Comments On Tebbe, Chad Flanders
All Faculty Scholarship
I want to begin by sketching a point of view that, at best, makes only an implicit showing in Tebbe's persuasive, thoughtful, and challenging book. That viewpoint looks something like this:2 religion is unique, not just in substance but also in form. Start with substance: religion is a way of looking at the world as not exhausted by secular values or concerns; for money, prestige, or for "utility" broadly construed, or even exhausted by morality. Religion asks, repeatedly of those who believe in it, to do seemingly impossible things. It counts on miracles. Religion sees the world and our lives, …
Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin
Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin
Manuscript Collection
(The Dorothy Moser Medlin Papers are currently in processing.)
This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.
Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …
Bearing Faith: The Limits Of Catholic Health Care For Women Of Color, Kira Shepherd, Elizabeth Reiner Platt, Katherine M. Franke, Elizabeth Boylan
Bearing Faith: The Limits Of Catholic Health Care For Women Of Color, Kira Shepherd, Elizabeth Reiner Platt, Katherine M. Franke, Elizabeth Boylan
Faculty Scholarship
This study finds that in nineteen out of the thirty-four states/territories that we studied, women of color are more likely than white women to give birth at hospitals bound by the ERDs. Women of color’s disproportionate reliance on Catholic hospitals in these states increases their exposure to restrictions that place religious ideology over best medical practices.
To determine whether women of color disproportionately give birth at hospitals operating under the ERDs, we compared the percentage of births to women of color at Catholic and non-Catholic hospitals. In over half of the states we studied (19 out of 33 states plus …
Religious Liberty For A Select Few, Sharita Gruberg, Frank J. Bewkes, Elizabeth Reiner Platt, Katherine M. Franke, Claire Markham
Religious Liberty For A Select Few, Sharita Gruberg, Frank J. Bewkes, Elizabeth Reiner Platt, Katherine M. Franke, Claire Markham
Faculty Scholarship
This report discusses how the Department of Justice’s guidance opens the door to an extreme rewriting of the concept of religious liberty. The guidance — and the numerous agency rules, enforcement actions, and policies that it is influencing — will shift the balance of individual religious protections across the federal government toward a new framing that allows religious beliefs to be used as a weapon against minority groups.