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Articles 1 - 30 of 329
Full-Text Articles in Religion Law
When “Close Enough” Is Not Enough: Accommodating The Religiously Devout, Dallan F. Flake
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
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 …
The Right To Be Proselytized Under International Law, Ryan Cheney
The Right To Be Proselytized Under International Law, Ryan Cheney
BYU Law Review
Legal analyses of proselytism have tended to focus on the rights of the proselytizer and on the right of the target of proselytism, or “proselytizee,” to be free from such “interference.” However, such analyses do not fully account for all rights involved in proselytism. When people are prevented from being proselytized, such as by law or by persecution, an important consequence is that they are cut off from a significant source of information on and mechanism for exploring and joining other religions. Despite stigmatizations of proselytism, many people regularly accept it and learn about and join other faiths through it. …
The Impact Of Religion And Religious Organizations, Elizabeth A. Clark
The Impact Of Religion And Religious Organizations, Elizabeth A. Clark
BYU Law Review
Legal scholars often see religion as a mere private preference, choice, value, or identity with no more meaning or positive social impact than any other preference, choice, value, or identity. If anything, religion’s negative impacts are often highlighted. For example, a focus on the harms of religion often underlies contemporary legal debates about religious exemptions and tensions between religious rights and LGBTQ rights or reproductive rights. Conversely, scholars in other fields have documented religion’s distinctive pro-social features, proposing mechanisms by which religion has unique positive impacts on individuals, families, and society. While recognizing that, for its practitioners, religion has its …
Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin
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 …
Free Exercise Of Abortion, Elizabeth Sepper
Free Exercise Of Abortion, Elizabeth Sepper
BYU Law Review
For too long, religion has been assumed to be in opposition to abortion. Abortions consistent with, motivated by, and compelled from religion have been erased from legal and political discourse. Since the fall of Roe v. Wade, free exercise claims against abortion bans have begun to correct course. Women and faith leaders in several states have filed suit, asserting their religious convictions in favor of abortion. They give form to the reality—as progressive theologians have long argued—that to have a child can be a sacred choice, but not to have a child can also be a sacred choice. And they …
A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc
A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc
BYU Law Review
The prosecution of Democrat Congresswoman Corrine Brown for campaign corruption was perhaps the most significant and dramatic political trial ever to hit Northeast Florida—and that was before the Holy Spirit showed up and spoke to Juror 13 during deliberations. The Brown case is the springboard for the article’s focus on a juror’s right to religious liberty, one of the nation’s most precious constitutional rights. The Article addresses first principles behind the process of jury selection in the United States, as well as the importance and safeguarding of religious liberty in the U.S. Constitution. It then proposes six tenets to be …
Walls Or Bridges: Law’S Role In Conflicts Over Religion And Equal Treatment, Martha Minow
Walls Or Bridges: Law’S Role In Conflicts Over Religion And Equal Treatment, Martha Minow
BYU Law Review
Presented as the Bruce C. Hafen Lecture, Brigham Young University Law School January 18, 2023
“[D]o you see religion as a club or do you see religion as a path? Do you see it as a wall that separates you or do you see it as a bridge that connects you to God and other people?
— Keith Ellison1
Transforming Natural Religion: An Essay On Religious Liberty And The Constitution, Steven J. Heyman
Transforming Natural Religion: An Essay On Religious Liberty And The Constitution, Steven J. Heyman
BYU Law Review
Recent Supreme Court decisions such as Burwell v. Hobby Lobby, Masterpiece Cakeshop v. Colorado Civil Rights Commission, and Fulton v. City of Philadelphia raise the fundamental question of what place religion and religious liberty should hold within a liberal constitutional order that is based on a commitment to the freedom, equality, and well-being of all persons. To explore this question, it is natural to begin with an inquiry into what founding–era Americans thought when they incorporated the First Amendment’s Free Exercise Clause into the constitutional order that they were creating. Contrary to the views taken by many judges and scholars, …
The Parishioner & The Probationer: Make Probation Non-Profit Again, James Rex Lee
The Parishioner & The Probationer: Make Probation Non-Profit Again, James Rex Lee
BYU Law Review
No abstract provided.
Liberalism, Catholic Integralism, And The Question Of Religious Freedom, Xavier Foccroulle Ménard, Anna Su
Liberalism, Catholic Integralism, And The Question Of Religious Freedom, Xavier Foccroulle Ménard, Anna Su
BYU Law Review
This Article investigates new Catholic integralism and its critique of liberalism and aims to answer whether a liberal idea of religious freedom is possible under an integralist regime. To do so, we first sketch the respective views of liberalism and Catholic integralism on each other, with an emphasis on integralism. For integralism, liberalism is not merely a political phenomenon, but a comprehensive worldview with hidden metaphysical and theological implications. Integralism views the function of political rule as ordering human beings to their final cause. We specifically delve in foundational Catholic principles to guide rulers when governing—prudence and subsidiarity—to establish how …
Political Partisanship And Sincere Religious Conviction, Mark Satta
Political Partisanship And Sincere Religious Conviction, Mark Satta
BYU Law Review
In order for a religious conviction to receive protection under the First Amendment or the Religious Freedom Restoration Act (RFRA), it must be a sincere religious conviction. Some critics of the Supreme Court’s ruling in Burwell v. Hobby Lobby have suggested that the plaintiffs in that case and in related cases were motivated more by political ideology than by sincere religious conviction. The remedy, they argue, is for courts to be quicker to scrutinize claims of religious sincerity. In this Article, I consider another possibility—namely, that current sociopolitical partisanship in the United States has eroded a clear distinction between political …
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
BYU Law Review
No abstract provided.
Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives, Francis J. Beckwith
Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives, Francis J. Beckwith
BYU Law Review
No abstract provided.
Praying For America: The Anti-Theocracy And Equal Status Principles Of The Free Exercise, Equal Protection And Establishment Clauses, Corey Brettschneider
Praying For America: The Anti-Theocracy And Equal Status Principles Of The Free Exercise, Equal Protection And Establishment Clauses, Corey Brettschneider
BYU Law Review
In this essay I argue that the Constitution’s Equal Protection, Establishment, and Free Exercise Clauses share common principled limits on the role that religion can play in public life. Specifically, drawing on the free-exercise case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, the equal protection case of Romer v. Evans, and the establishment clause case of Town of Greece v. Galloway, I propose two principles to describe the proper place of religious justification as a basis for law. The first requirement is that in addition to any religious reasons for laws, the state must have …
Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks
Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks
BYU Law Review
This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.
Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation's extension of original sin to the intellect left Catholicism as the primary …
Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk
Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk
BYU Law Review
No abstract provided.
Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov
Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov
BYU Law Review
No abstract provided.
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
BYU Law Review
No abstract provided.
The Rise And Fall Of Human Dignity, Nicholas Aroney
The Rise And Fall Of Human Dignity, Nicholas Aroney
BYU Law Review
No abstract provided.
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
BYU Law Review
No abstract provided.
Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter
Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter
BYU Law Review
No abstract provided.
Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino
Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino
BYU Law Review
No abstract provided.
Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor
Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor
BYU Law Review
No abstract provided.
Dignity And Discrimination, Frederick Mark Gedicks
Dignity And Discrimination, Frederick Mark Gedicks
BYU Law Review
Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of dignity in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustration s. Part V lists other sites of accommodation …
With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace
With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace
BYU Law Review
No abstract provided.
"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean
"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean
BYU Law Review
No abstract provided.
Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks
Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks
BYU Law Review
No abstract provided.
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
BYU Law Review
No abstract provided.
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
BYU Law Review
No abstract provided.