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Full-Text Articles in Religion Law
Petition For Writ Of Certiorari, Gallagher V. Diocese Of Palm Beach, Inc., Leslie C. Griffin, Marci A. Hamilton
Petition For Writ Of Certiorari, Gallagher V. Diocese Of Palm Beach, Inc., Leslie C. Griffin, Marci A. Hamilton
Supreme Court Briefs
No abstract provided.
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
Religious organizations enjoy many of the same benefits that other non-profit organizations do. Churches, temples and mosques, for example, generally are exempt from local real estate taxes. Economically speaking, a tax exemption has the same effect as a subsidy; freedom from tax liability means that the organization can devote its financial resources to other activities. But where an exemption afforded to a religious employee is broader than the equivalent exemption available to a secular employee, a significant Establishment Clause concern is raised. The parsonage exemption of Internal Revenue Code Section 107 presents such an issue: ministers are permitted to exclude …
Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir
Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir
Law Faculty Articles and Essays
In Obergefell v. Hodges, the Supreme Court closed the door on one issue only to open the floodgates to another. While recognizing a constitutional right for same-sex marriage, the Court also legitimized religious objections to such unions, practically inviting complex legal challenges to its doors. In doing so, the Court also called for an "open and searching debate" on the issue. This Article seeks to trigger such debate.
For millennia, objections to same-sex marriage were cast in religious and moral terms. The Jewish Bible ("Old Testament"), conventional wisdom argues, provided three demonstrable proofs of the Bible's abhorrence of same-sex …
Speech And Exercise By Private Individuals And Organizations, Kent Greenawalt
Speech And Exercise By Private Individuals And Organizations, Kent Greenawalt
Faculty Scholarship
A central issue about redundancy concerns how far the exercise of religion is simply a form of speech that is, and should be, constitutionally protected only to the extent that reaches speech generally. Insofar as a constitutional analysis leaves flexibility, we have questions about wise legislative choices. To consider these issues carefully, we need to have a sense of what counts as relevant speech and the exercise of religion. That is the focus of this article.
It addresses the basic categorization of what counts as “speech” for freedom of speech and what counts as religious exercise when each is engaged …