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Full-Text Articles in Religion Law
Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei
Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei
Faculty Scholarship
Since at least 2017, the Court has implicitly recognized a right of equal access to generally available public benefits based on the beneficiary's religious identity or status. In Carson v. Makin (2022), the Court went a step further and, for the first time, concluded that the “status-use distinction lacks a meaningful application” in both theory and practice. It then held that restrictions on the use of public benefits for sacral purposes amount to religious discrimination because they impose substantial burdens on free exercise rights. Carson's holding, and the rationale underlying it, contravene settled case law and effectively gut the Establishment …
A Religious Right To Abortion: Legal History And Analysis, Law, Rights, And Religion Project
A Religious Right To Abortion: Legal History And Analysis, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
There is a long and rich history of religious support, across a wide range of faith traditions, for the right to reproductive autonomy, including abortion. A number of religious denominations, including the Presbyterian Church, Reform and Conservative Judaism, the United Church of Christ, and the Unitarian Universalist Association, support a legal right to abortion in most or all circumstances. Several religious denominations have even — long before the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization — issued statements explaining that the right to reproductive health care is an essential aspect of their members’ religious …