Religion Law Commons^™

Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison

Northwestern University Law Review

For much of the last forty years, ERISA’s church plan exemption has existed quietly without much fanfare. But increased litigation over the last five years has dragged the exemption into the spotlight. The litigation focuses on religiously affiliated hospital systems and whether their pension plans have been correctly classified as church plans exempt from ERISA.

This Note examines the history behind the church plan exemption, including statutory modifications made in 1980 and the IRS’s longstanding interpretation of these changes, which precipitated the dispute at issue in the current wave of litigation. While the U.S. Supreme Court’s recent decision in Advocate …

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust

BYU Law Review

The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …

Churches' Lobbying And Campaigning: A Proposed Statutory Safe Harbor For Internal Church Communications, Edward A. Zelinsky

Articles

President Trump, reiterating the position he took during the presidential campaign, has recently reaffirmed his pledge to “get rid of and totally destroy the Johnson Amendment,” the provision of the Internal Revenue Code which prohibits tax-exempt institutions from participating in political campaigns. The Code also bars tax-exempt institutions, including churches, from substantial lobbying activities.

Rather than the blanket repeal of the Johnson Amendment proposed by President Trump, I argue for a statutory safe harbor for the internal communications of churches. This limited safe harbor would protect in-house church discussions from both Section 501(c)(3)’s ban on substantial lobbying and from that …

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.

Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc

Georgia Journal of International & Comparative Law

No abstract provided.

Trump V. International Refugee Assistance Project, Et Al.: Motion For Leave To File Amicus Brief In Three Related Proceedings And Brief Of Constitutional Law Scholars As Amici Curiae Opposing The Government's Application For Stay, Richard Primus

Appellate Briefs

Amici are constitutional law scholars. They submit this brief to identify a distinct legal principle compelling the conclusion that the revised executive order is unconstitutional: the long-settled prohibition on governmental acts based on animus toward a particular religious group.

The court of appeals safeguarded the religious liberty guaranteed by the Constitution by finding Executive Order No. 13,780, 82 Fed. Reg. 13,209 (Mar. 9, 2017) (the "Order") unconstitutional and affirming the preliminary injunction granted by the district court. That liberty should not be imperiled by granting the Government's motion for a stay. The Fourth Circuit relied on McCreary County v. ACLU …

On Health, Law, And Religion, Stacey A. Tovino

Washington and Lee Law Review

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman’s Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court’s recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a …

Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

On July 6, 2010, Singapore's Internal Security Department (ISD) announced that a “self-radicalized,” full-time national serviceman had been detained under the Internal Security Act (ISA) since April 4, 2010. Muhammad Fadil bin Abdul Hamid (Fadil), age 20, would be detained under the ISA for two years in the first instance. According to the media statement, Fadil had become convinced that “it was his religious duty to undertake armed jihad alongside fellow militants and strive for martyrdom.” According to local media reports, Fadil was the sixth known case of self-radicalization. Fadil was subsequently released on a Restriction Order on April 4, …

The Agreements Between Church And State: The Italian Perspective, Elena Ervas

BYU Law Review

This Article explores the recent approach of the Italian Constitutional Court regarding agreements between the Italian State and religious denomination, which regulate matters of common interest. The Italian approach is compared to the contemporary approach of the Spanish legal system. The Italian approach grants strong discretion in favor of the Government in this context, but by doing so, it risks inadequately protecting the religious freedom of religious denominations in light of current jurisprudence. Moreover, the broad discretion given to the Italian government seems not to be in line with the current jurisprudence of the European Court of Human Rights in …

The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani

BYU Law Review

No abstract provided.

The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’

BYU Law Review

No abstract provided.

Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi

BYU Law Review

Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. …

Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs

BYU Law Review

No abstract provided.

Deposition Of Fr. John Cannon Exhibit 2: Permanent Review Board Minutes, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Deposition Of Fr. John Cannon Exhibit 5: Fr. Maes' File, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Deposition Of Fr. John Cannon Exhibit 6: [Redacted] Letter, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Deposition Of Fr. John Cannon Exhibit 3: St. Luke Report, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Deposition Of Fr. John Cannon Exhibit 1: Notes From Fr. Imbarrato File, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Deposition Of Fr. John Cannon, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Deposition Of Fr. John Cannon Exhibit 4: Archbishop Sheehan Letter, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.

Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Joint Statement By The Council On American-Islamic Relations Of New York & Columbia Law School’S Public Rights/Private Conscience Project, Council On American-Islamic Relations Of New York, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

As advocates for free exercise of religion, civil rights, and religious pluralism, we are deeply concerned that President Trump’s recently signed Executive Order “Promoting Free Speech and Religious Liberty” will serve to limit, not protect, religious freedom. The order was signed on May 4, 2017, in a ceremony that included Christian musician Steven Curtis Chapman and statements by Pentecostal televangelist Paula White, Baptist Pastor Jack Graham, Catholic Archbishop Donald Wuerl, Rabbi Marvin Heir, and Vice President Mike Pence. While the executive order — unlike a prior leaked draft — does not single out particular religious beliefs for special protection, we …

Potential Consequences Of Trump’S “Religious Freedom” Executive Order, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

President Trump is set to sign a far-reaching and constitutionally problematic executive order today. Although a draft of the final order has not yet been released, it will likely mirror, at least in part, a similar draft that was leaked earlier this year.

Five Key Questions To Ask About The New Executive Order On Religious Liberty, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

In February, a draft of an Executive Order (EO) on religious liberty was leaked from the Trump Administration. This order would have had sweeping effects on the enforcement of federal law by all government agencies. In addition to harming LGBTQ communities, it would have had ramifications for unmarried pregnant and parenting women, patients seeking contraceptive care, religious minorities, cohabitating adults and others. President Trump is expected to sign an updated draft of the EO this week. The Public Rights/Private Conscience Project (PRPCP) has outlined five questions to ask when analyzing and reporting on the new order.

A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz

BYU Law Review

Being political scapegoats in the indefinite “war on terror” is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures—extreme vetting, categorical bans, and mass deportations—to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim ban” issued by …

The Era In Debate - What Can It Mean For Church Law?, Rev. Msgr. Anthony J. Bevilacqua

The Catholic Lawyer

No abstract provided.

Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz

The Catholic Lawyer

No abstract provided.

The Lautsi Decision As Seen From (Christian) Europe, Pierre-Henri Prelot

Maine Law Review

It is very interesting, as well as a strange, situation for the French to comment on behalf of the Americans in Lautsi case, especially the decisive pleading of Joseph Weiler in the Grand Chamber of the European Court in 2011. French people heard about Joseph Weiler a few years ago in 2009 when he published: “L’Europe Chretienne?: Une Excursion” (Christian Europr?: An Excursion). The book was prefaced by the French (Catholic) philosopher Remi Brague. The French edition had been translated from its 2003 Italian version. There is no English edition of it. Such a lacking may seem strange, but the …

The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall

Maine Law Review

In Lautsi v. Italy, the European Court of Human Rights (“ECHR”) held that an Italian law requiring crucifixes to be displayed in public school classrooms did not violate the European Convention on Human Rights (“European Convention”). In so holding, the ECHR sent the message that it would not incorporate American nonestablishment norms into its interpretation of the European Convention. They key advocate behind the Lautsi decision was Professor Joseph Weiler. Representing the nations intervening in the case on behalf of Italy, Professor Weiler took the lead in arguing against a strict nonestablishment interpretation of the European Convention—the position that the …