Law Commons^™

Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett

Richard W Garnett

Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.

Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett

Richard W Garnett

Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child's religious …

Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett

Richard W Garnett

This paper is a short response to an address, “And I Don’t Care What It Is: Religious Neutrality in American Law,” delivered by Prof. Andrew Koppelman at a conference, “The Competing Claims of Law and Religion: Who Should Influence Whom?”, which was held at Pepperdine University in February of 2012. In this response, it is suggested – among other things – that “American religious neutrality” is, as Koppelman argues, “coherent and attractive” because and to the extent that it is not neutral with respect to the goal and good of religious freedom.

Religious freedom, in the American tradition, is not …

Brief Of The Catholic University Of America School Of Canon Law, The Lutheran Church-Missouri Synod, The Queens Federation Of Churches, And The Serbian Orthodox Church In North And South America, As Amici Curiae In Support Of Petitioners, Richard W. Garnett, David H. Hyams

Richard W Garnett

This brief addresses the importance of the principle of church autonomy and the protections provided by the First and Fourteenth Amendments and this Court's precedents regarding religious denominations' internal mandatory dispute-resolution procedures.

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Richard W Garnett

No abstract provided.

A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett

Richard W Garnett

The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not …

Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett

Richard W Garnett

Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope John Paul …

Tax Exemptions Protect Religious Freedom. We Should Keep Them, Richard Garnett

Richard W Garnett

Instead of asking whether churches and religious organizations deserve to be tax-exempt, we should ask why governments should be able to tax them at all. Taxation, after all, involves interference by the state, and in a free society such interference needs to be justified.

Introduction: Essays In Honor Of Professor Robert E. Rodes, Jr., Richard W. Garnett

Richard W Garnett

The Notre Dame Law Review is publishing two new essays by two wise and prolific scholars, both of whom have carefully engaged and generously appreciated Professor Rodes in their academic work and both of whom are more than worthy to carry on and help lead the conversations to which he contributed.

Ndls Faculty Experts Comment On Pope's Visit To The United States, Doug Cassel, Richard Garnett, Margaret Brinig, Nicole Garnett

Richard W Garnett

Several faculty members have been working with the media giving quotes, interviews, and writing op-eds on the Pope’s visit to the United States.

Religious Accommodations And – And Among – Civil Rights: Separation, Toleration, And Accommodation, Richard W. Garnett

Richard W Garnett

This paper expands on a presentation at a recent conference, held at Harvard Law School, on the topic of “Religious Accommodations in the Age of Civil Rights.” In it, I emphasize that the right to religious freedom is a basic civil right, the increased appreciation of which is said to characterize our “age.” Accordingly, I push back against scholars’ and commentators’ increasing tendency to regard and present religious accommodations and exemptions as obstacles to the civil-rights enterprise and ask instead if our religious-accommodation practices are all that they should be. Are accommodations and exemptions being extended prudently but generously, in …

When It Comes To Abolishing The Death Penalty, Who Should Decide?, Richard Garnett

Richard W Garnett

Rick Garnett had the op-ed When It Comes to Abolishing the Death Penalty, Who Should Decide? published in the America on June 29.

Rick Garnett Was Quoted In The Atlantic Article "Gay Marriage And The Future Of Evangelical Colleges", Richard Garnett

Richard W Garnett

Now that same-sex couples have the right to wed, will higher-ed institutions that condemn LGBT students still be eligible for federal funding? “It seems to me very likely that, in the coming years, schools and universities that accept public funds and support will be required—as a condition of those funds—to have nondiscrimination rules that forbid discrimination on sexual-orientation grounds,” said Rick Garnett, a professor who oversees the Program on Church, State & Society at Notre Dame’s law school, in an email. “And, these rules will not distinguish between sexual-orientation discrimination and non-recognition of same-sex marriages.”

Tribute To The Honorable Richard S. Arnold, Richard W. Garnett

Richard W Garnett

A former law clerk recounts Judge Arnold’s life and service.

Quoted In The Christian Science Monitor Article, "Ruling Against Obamacare Birth Control Mandate Creates Legal Limbo", Richard Garnett

Richard W Garnett

“When it comes to the accommodation of religion, there are always a number of variables in play, including the sincerity of the claimants' asserted beliefs, the strength of the government's interest in denying the exemption, and the nature of the burden that the government is imposing on religious exercise,” wrote Richard Garnett, a political scientist at the University of Notre Dame in an e-mail to The Christian Science Monitor. “There is, at present, disagreement and even confusion among scholars and courts over how to identify and evaluate alleged burdens on religion,” he added.

Quoted In The Washington Post Article "Legally, ‘God’S Authority’ Is A Tough Issue", Richard Garnett

Richard W Garnett

"Appeals to “natural law,” and morality, as Davis and Bunning discussed Thursday, are difficult for a judge to assess," said Richard Garnett, a Notre Dame law professor who specializes in religion and the law.

Bloomberg Law Brief: Georgia Says No To A Kkk Group, Richard Garnett

Richard W Garnett

Rick Garnett was a guest on the Bloomberg Law Brief: Georgia Says No to a KKK Group (Audio) on July 17, 2015.

The Worms And The Octopus: Religious Freedom, Pluralism, And Conservatism, Richard Garnett

Richard W Garnett

formidable challenge for an academic lawyer hoping to productively engage and intelligently assess “American Conservative Thought and Politics” is answering the question, “what, exactly, are we talking about?” The question is difficult, the subject is elusive. “American conservatism” has always been protean, liquid, and variegated – more a loosely connected or casually congregating group of conservatisms than a cohesive and coherent worldview or program. There has always been a variety of conservatives and conservatisms – a great many shifting combinations of nationalism and localism, piety and rationalism, energetic entrepreneurism and romanticization of the rural, skepticism and crusading idealism, elitism and …

Quoted In The Penn Live Article, "Pope Francis Not Likely To Give Congress Answers To Thorny Issues", Richard Garnett

Richard W Garnett

"He is not interested in making politicians--whether 'liberal' or 'conservative'--feel comfortable or smug."—Rick Garnett

Rick Garnett Was Quoted In Npr – Justices Give Officials More Say On Cars’ Plates, Less On Roadside Signs On June 18 2015, Richard Garnett

Richard W Garnett

No abstract provided.

Rick Garnett Was Quoted In The Washington Post – Supreme Court Rules For Arizona Church In Sign Ordinance Case On June 18 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in The Washington Post – Supreme Court rules for Arizona church in sign ordinance case on June 18 2015

Rick Garnett Was Quoted In The Denver Post Article "Douglas County School Voucher Supporters Eye Bigger Legal Fight", Richard Garnett

Richard W Garnett

No abstract provided.

Quoted In The Tax Notes Today Article "Professionals Minimize Koskinen’S Obergefell Statements", Richard Garnett

Richard W Garnett

Quoted in the Tax Notes Today article "Professionals Minimize Koskinen’s Obergefell Statements," 2015 TNT 170­-5 (Sept. 2, 2015). (subscription required) (full text is available through Lexis).

Rick Garnett Was Quoted On The New York Times Article "Schools Fear Impact Of Gay Marriage Ruling On Tax Status", Richard Garnett

Richard W Garnett

No abstract provided.

Two Overlooked Free Speech Rulings From Scotus, Richard Garnett

Richard W Garnett

It was a busy day at the Court—the justices issued opinions in six decided cases—and, while it's safe to say that some were disappointed by the absence of an Obamacare or marriage blockbuster, two of the decisions have the potential to be landmark, even if underappreciated, freedom-of-speech rulings: Reed v. Town of Gilbert and Walker v. Sons of Confederate Veterans.

Each of these rulings involved the re-affirmation and application of longstanding, "black letter" First Amendment doctrine and each will have implications and reverberations that are not yet clear. In a way, the strong protections that were vindicated in Reed are …

Rick Garnett Was A Guest On The Bloomberg Law Podcast Laws Over Separation Of Church And State On April 16, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was a guest on the Bloomberg Law podcast Laws Over Separation of Church and State on April 16.

Rick Garnett Was Quoted In The La Time Article Supreme Court Sides With Muslim Girl Denied A Job Over Head Scarf On June 1, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the LA Time article Supreme Court sides with Muslim girl denied a job over head scarf on June 1. Notre Dame law professor Richard Garnett saw the decision as reflecting the nation’s broad support for religious liberty. “The free exercise of religion takes place every day, not just on holy days, and in all aspects of life, including work,” he said.

Viewpoint: Correcting Misimpressions About Religious Freedom, Richard Garnett

Richard W Garnett

Op-ed Viewpoint: Correcting misimpressions about religious freedom by Rick Garnett was published in the South Bend Tribune on March 26, 2015.

Rick Garnett Was Quoted In The National Catholic Reporter Article Bishops Call For ‘Mutual Respect’ In ‘Necessary Dialogue’ On Rfra On April 1, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the National Catholic Reporter article Bishops call for ‘mutual respect’ in ‘necessary dialogue’ on RFRA on April 1. Richard Garnett, a law professor at the University of Notre Dame in northern Indiana, in an opinion column in the March 26 issue of the South Bend Tribune, called the state's RFRA a "moderate measure" modeled after the federal law and those of several other states and said it "does not give anyone a 'license to discriminate.'" Garnett noted that the more than 20 years of history of the applying of RFRA statutes to specific cases shows …

Is A Confederate Flag License Plate Free Speech?, Richard Garnett

Richard W Garnett

On March 23, Rick Garnett contributed to a Bloomberg Law podcast on "Is A Confederate Flag License Plate Free Speech?"