Religion Law Commons^™

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster

Neil J Foster

Discusses the recent decision of the High Court to refuse special leave to appeal in CYC v Cobaw, and implications of the decision for religious freedom in Australia.

Law And Religion In The Victorian Court Of Appeal, Neil J. Foster

Neil J Foster

Briefly notes the decision in Cobaw v CYC (2014) and suggests reason why the High Court should grant special leave to appeal.

Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler

Senior Honors Theses

As a nation founded on religious freedom, it is the duty of the United States to recognize those who stand up for these beliefs across the world in solidarity. International persecution of Christians has dramatically increased due to the spread of radical Islam throughout the world, particularly in South Asia. By means of active, violent persecution as well as more passive forms of aggression, daily life for Pakistani Christians is both challenging and dangerous. While there is no easy solution to this issue, it is essential to continue advocating for those facing persecution and punish the oppressors. The American church …

Hammering Down Nails, Scott M. Lenhart

Georgia Journal of International & Comparative Law

No abstract provided.

Discrimination, Language And Freedom Of Religion: Two Important Law And Religion Decisions In Australia, Neil J. Foster

Neil J Foster

The paper discusses two important recent cases at an appellate level in Australia raising issues to do with the intersection of law and religious commitment. One deals with discrimination on the ground of sexual orientation and whether religious groups should enjoy religious freedom to decline to support a non-Biblical view of sexual morality. The other deals with whether the members of a church can assert religious freedom rights against the leaders of the church.

Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras

Georgia Journal of International & Comparative Law

No abstract provided.

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.

New Anti-Discrimination Laws 'Erode Religious Freedom', Neil J. Foster, Katherine Towers

Neil J Foster

A newspaper report on the recent Victorian Cobaw case with comments from me on the issues.

Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset, Françoise Tulkens

BYU Law Review

No abstract provided.

The Justification Of Human Rights, David Little

BYU Law Review

No abstract provided.

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.

"And Should The First Be Last?", Malcolm D. Evans

BYU Law Review

No abstract provided.

Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin

BYU Law Review

No abstract provided.

Christian Youth Camp Liable For Declining Booking From Homosexual Support Group, Neil J. Foster

Neil J Foster

Discusses the decision on appeal in Christian Youth Camps Limited & Ors v Cobaw Community Health Service Limited & Ors [2014] VSCA 75 (16 April 2014) and its implication for Christian organisations.

The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni

Chicago-Kent Law Review

This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …

Submission On S 18c Reforms, Neil J. Foster

Neil J Foster

A copy of my submission to the Commonwealth Attorney-General concerning amendments to s 18C of the Racial Discrimination Act 1975 on racial vilification

When Art Becomes Free: On Artistic In-Expression & Personal Convictions, Amir H. Khoury

Amir Khoury

In this paper I argue that just as there are moral rights in copyright law, which secure attribution and integrity, so too, there should be 'inverse' moral rights that can protect artists from being impelled or compelled to create in the first place. This research comes against the backdrop of one of the most contentious issues in the Western world today, that pertaining to same-sex marriage. But the discussion applies to all other fields where creativity finds itself in a battle over personal convictions. In my view, the inverse moral rights construct is the true reflection of the extent of …

Arizona's New Religious Freedom Law: License To Discriminate Against Gays?, Neil J. Foster

Neil J Foster

Discusses Arizona's controversial new Bill which has been labelled a "license to discriminate". The paper concludes that while the aim of crafting a religious freedom exemption for those who do not want to support or celebrate same sex unions is a laudable one, on balance the Arizona law seems to be too broad and should not be supported.

The Vatican Still Protects Pedophile Priests, Lauren Carasik

Media Presence

No abstract provided.

A "Bare ... Desire To Harm?" Marriage And Catholic Conscience Post - Windsor, Helen M. Alvare

helen m alvare

No abstract provided.

Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster

Neil J Foster

Discusses the decision in R (On the Application Of Core Issues Trust) v Transport for London [2014] EWCA Civ 34 (27 January 2014) dealing with signs on London buses alleged to be "homophobic".

Legal Pressure Points For Christians In 21st Century Australia, Neil J. Foster

Neil J Foster

This paper discusses the pressures facing Christians who adhere to Biblical ethical values when those principles clash with current discrimination and vilification laws.

Freedom Of Conscience As Religious And Moral Freedom, Michael J. Perry

Faculty Articles

In another essay being published contemporaneously with this one, I have explained that as the concept "human right" is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right-for example, as a treaty-based right-is, in part, that conduct that violates the right violates the imperative, articulated in Article i of the Universal Declaration, to "act towards all human beings in a spirit of brotherhood." Each of the human rights …

Reflexiones Constitucionales Del Poder De La Iglesia®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

¿Cómo hacen los Clérigos del castrense o de las diócesis para administrar el sacramento de la reconciliación si existen supuestos fácticos concretos que son ilícitos graves, o que obedecen a causas psicológicas, médicas o forenses?Es importante revisar el contenido de los programas de formación sacerdotal, para que los obiter dictum y las reglas de la teologia moral no dañen la conciencia de los adolescentes que están construyendo relaciones heterosexuales, o que tienen relaciones prematrimoniales sanas según la ratio decidendi de la ley natural. ¿Què sucede si el clèrigo defiende la polìtica LGBT e ignora los aportes canonìsticos?. ¿què sucede si …

The Right To An Exclusively Religious Education – The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler

Gila Stopler

The ultra-Orthodox Jewish community in Israel has its own separate education system which is funded by the state and in which boys are given an exclusively religious education with almost no exposure to secular subjects or to civic education. At the same time that the Israeli Supreme Court was scheduled to rule that the state may not continue to fund ultra-Orthodox private schools that do not teach the national core curriculum the Israeli parliament passed the Unique Cultural Educational Institutions Act which upholds the right of the ultra–Orthodox community to give their boys an exclusively religious education funded by the …

The Challenge Of Strong Religion In The Liberal State, Gila Stopler

Gila Stopler

Liberal states are struggling to find ways to deal with strong religion in a manner that would enable them to give due respect to the religious beliefs of citizens while at the same time to adhere to core liberal values such as respect for human rights and avoidance of undue entanglement of religious and state authority. One type of solution that has been offered is granting authority and autonomy to private religious tribunals, for example in the area of religious family law. Another type of solution is creating a direct link between state law and some religious obligations, as was …

An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker

Michigan Journal of International Law

This note will examine the CRPD’s aspirations in light of Islamic law, comparing whether the two are—or can be—consistent. Part I will provide background on the CRPD, including the intent of the treaty, the negotiations leading to the final wording, and the solid obligations it contains for state parties. Part II examines the background of Shari’a and its provisions regarding disability. Part III compares the treatment of the disabled under Islamic law with that required by the CRPD in order to gage consistency. Where tensions exist, alternative interpretations of both Islamic law and the CPRD are proposed that might facilitate …

Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano

BYU Law Review

Foremost, this paper examines the current situation of the rights to religious freedom and democracy around the world, which deserve attention and concern. Civil liberties are currently in crossfire. This article examines the foundations of the right to religious freedom. Depending on the philosophical foundations, there are two different rationales for the right to religious freedom: liberal and anti-liberal. According to the liberal tradition, the best reason to protect religious freedom rests upon the autonomy of the individual conscience. It is clear that a constitutional democracy does not allow the establishment of any religion by the government, using either executive …

Religious Exceptionalism And Human Rights, Laura S. Underkuffler

Cornell Law Faculty Publications

The liberal-democratic governmental compact assures that citizenship, political power, and civic participation in all of its forms will be afforded to all citizens on an equal basis. In particular, simple identity—as a presumptive matter—cannot be the basis for the denial of human rights. It is on this simple yet elegant principle that all civil-rights laws are founded.

Freedom of religion presents a particularly complex problem in this context. On the one hand, it is—itself—a universally recognized member of the human rights family, and is protected under civil-rights laws. On the other hand, it is— because of its possible invocation by …