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First Amendment

2016

Brigham Young University Law School

Articles 1 - 7 of 7

Full-Text Articles in Law

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey Oct 2016

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey

BYU Law Review

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …


Human Rights, Religious Freedom, And Peace, David Little Oct 2016

Human Rights, Religious Freedom, And Peace, David Little

BYU Law Review

No abstract provided.


When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales, Michael Quinlan Oct 2016

When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales, Michael Quinlan

BYU Law Review

No abstract provided.


Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo Jun 2016

Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Upping The Ante: Rethinking Anti-Slapp Laws In The Age Of The Internet, Andrew L. Roth Mar 2016

Upping The Ante: Rethinking Anti-Slapp Laws In The Age Of The Internet, Andrew L. Roth

BYU Law Review

No abstract provided.


Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts And The Free Speech Rights They Protect, Brandon Harvard Riches Mar 2016

Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts And The Free Speech Rights They Protect, Brandon Harvard Riches

Brigham Young University Education and Law Journal

No abstract provided.


Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch Feb 2016

Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch

BYU Law Review

The United States Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., which brought for-profit corporations under the protection of the Religious Freedom Restoration Act, has been the subject of widespread support and criticism. Some have lauded the Hobby Lobby decision as an important step in protecting religious freedom. Others have derided it as an affront to the civil rights of corporate employees. This Article suggests a third perspective, namely, that Hobby Lobby harms, rather than helps, religious freedom. Both legally and politically, Hobby Lobby is likely to lead to a reduction in protection for religious individuals and entities …