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Full-Text Articles in Law
Brief Of Amici Curiae Legal Scholars In Support Of Equality In Support Of Respondents, Fulton V. City Of Philadelpha, Kyle Velte, David Cruz, Michael Higdon, Anthony Michael Kreis, Shirley Lin, Linda C. Mcclain
Brief Of Amici Curiae Legal Scholars In Support Of Equality In Support Of Respondents, Fulton V. City Of Philadelpha, Kyle Velte, David Cruz, Michael Higdon, Anthony Michael Kreis, Shirley Lin, Linda C. Mcclain
Faculty Scholarship
This Brief of Amici Curiae Legal Scholars in Support of Equality in Support of Respondents filed in Fulton v. City of Philadelphia addresses the propriety of an analogy to race discrimination in public accommodation cases involving sexual orientation discrimination. The race analogy in sexual orientation cases proceeds as follows: Advocates and judges widely agree that courts should, and would, reject a religious exemption claim by a public accommodation—such a foster care agency—seeking to turn away an African-American or interracial couple based on the public accommodation’s religious beliefs that Blacks are inferior to whites or that the races should not mix. …
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.
Contemplating Masterpiece Cakeshop, Terri R. Day
Contemplating Masterpiece Cakeshop, Terri R. Day
Faculty Scholarship
No abstract provided.
Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin
Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin
Faculty Scholarship
The Danish cartoons controversy has generated a torrent of commentary seeking to define and defend competing conceptions of the normative implications of the affair. This Article addresses the question of how liberal democratic states ought to respond to visible manifestations of hatred, especially speech that constitutes incitement to religious hatred. Taking the publication of the Danish cartoons as its point of departure, the Article interrogates the complex historical and normative relationship between free speech and freedom of religion in the liberal democratic order and discusses the two critical questions of whether the cartoons give rise to a genuine conflict of …
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
Faculty Scholarship
Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …