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Full-Text Articles in Law
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Richard W Garnett
The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious …
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Richard W Garnett
This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …
Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield
Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield
Alan E Garfield
No abstract provided.
Here’S Some Malarkey: Judges Are Umpires, Alan E. Garfield
Here’S Some Malarkey: Judges Are Umpires, Alan E. Garfield
Alan E Garfield
No abstract provided.
Religious Freedom Is A Human Right -- For Family Businesses Too, Paolo Carozza
Religious Freedom Is A Human Right -- For Family Businesses Too, Paolo Carozza
Paolo G. Carozza
Paolo Carozza posted "Religious Freedom is a Human Right -- For Family Businesses Too" in Congress Blog the Hill's Forum for Lawmakers and Policy Professionals on April 3, 2014.
Op-Ed: Worth Worrying About? Same-Sex Marriage & Religious Freedom - Commonweal, July 17, 2013, Richard Garnett
Op-Ed: Worth Worrying About? Same-Sex Marriage & Religious Freedom - Commonweal, July 17, 2013, Richard Garnett
Richard W Garnett
Op-ed: Worth Worrying About? Same-Sex Marriage & Religious Freedom in Commonweal The late-June release of the Supreme Court’s more controversial or culturally salient decisions has become a major media event—like the Oscars, or the election-day tallying of the midnight ballots from Dixville Notch. Refreshing, if archaic, rules prohibiting cameras and live broadcasting from the Court cause tens of thousands to glue themselves to celebrity law-reporters’ Twitter feeds and the SCOTUSBlog webcast.
Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark Rosen
Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark Rosen
Mark D. Rosen
No abstract provided.