Religion Law Commons^™

Religious Accommodation, The Establishment Clause, And Third-Party Harm, Mark Storslee

Faculty Scholarship

In the wake of Burwell v. Hobby Lobby, religious accommodation has become increasingly controversial. That controversy has given rise to a new legal theory gaining popularity among academics and possibly a few Supreme Court justices: the idea that the First Amendment's Establishment Clause condemns accommodations whenever they generate anything beyond a minimal cost for third parties.

The third-party thesis is appealing. But this Article argues that there are good reasons to believe it falls short as an interpretation of the Establishment Clause. In its place, the Article offers a new theory for understanding the relationship between costly accommodations and the …

Liberalism And The Distinctiveness Of Religious Belief, Abner S. Greene

Faculty Scholarship

Finding the appropriate sweet spot for religion’s role in the state and how state action may affect the lives of religious people continues to be elusive. Cécile Laborde’s ambitious book Liberalism’s Religion comes down firmly on the side of seeing religion as not distinctive, even in a liberal democracy. To the extent that nonestablishment and free exercise norms should prevail, they should prevail insofar as we can disaggregate religion into components that it shares with nonreligious belief and practice. In this review essay, I advance a position on which Laborde spends little time in her book — religion is distinctive …

The Practice Of Law As Christian Discipleship, Nathan Chapman

Scholarly Works

“Can the ordinary practice of law be a religious calling?” In a number of scholarly books and articles, as a teacher, and as a mentor, Robert (Bob) Cochrane has answered this question with a resounding “yes.” This essay, part of a festschrift published in Bob’s honor by the Pepperdine Law Review, engages with his work to propose a framework of Christian ethics for reconceiving the practice of law as a form of Christian discipleship. It argues that Christians should understand the practice of law as participation in government-as judgment, participation that is always fraught with the risks of deceit, injustice, …

Forgotten Federal-Missionary Partnerships: New Light On The Establishment Clause, Nathan Chapman

Scholarly Works

Americans have long disputed whether the government may support religious instruction as part of an elementary education. Since Everson v. Board of Education (1947), the Supreme Court has gradually articulated a doctrine that permits states to provide funds, indirectly through vouchers and in some cases directly through grants, to religious schools for the nonreligious goods they provide. Unlike most other areas of Establishment Clause jurisprudence, however, the Court has not built this doctrine on a historical foundation. In fact, in Trinity Lutheran v. Comer (2017), the dissenters from this doctrine were the ones to rely on the founding-era record.

Intriguingly, …

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. …

An Economic Approach To Religious Exemptions, Stephanie H. Barclay

Journal Articles

Externalities caused by religious exemptions have been getting the spotlight again in light a case the U.S. Supreme Court will hear this term: Fulton v. City of Philadelphia. Some argue that religious individuals should be required to internalize the costs they impose on third parties and thus should be denied the right to practice that harmful behavior. These new progressive theories about harm trade on rhetoric and normative intuitions regarding externalities and costs. But curiously, these theories also largely ignore an influential theoretical movement that has studied externalities and costs for the last fifty years: law and economics.

This Article …

Taking Stock Of The Religion Clauses, John D. Inazu

Scholarship@WashULaw

After a few decades of relative quiet, the Supreme Court has in recent years focused once again on the religion clauses and related statutes.

Untangling Entanglement, Stephanie H. Barclay

Journal Articles

The Court has increasingly signaled its interest in taking a more historical approach to the Establishment Clause. And in its recent American Legion decision, the Supreme Court strongly suggested that the three-prong Lemon test is essentially dead letter. Such a result would make sense for the first two prongs of the Lemon test about secular purpose and the effects. Many scholars have observed that these aspects of the prong are judicial creations far afield of the Establishment Clause history. But what of the entanglement prong of the test? If we rejected all applications of this prong of the analysis, would …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

All Faiths & None: A Guide To Protecting Religious Liberty For Everyone, Elizabeth Reiner Platt, Katherine M. Franke, Keisha E. Mckenzie, Katharine Rhodes Henderson

Faculty Scholarship

Religious liberty rights have been immeasurably damaged over the past several years — often in the name of protecting religious liberty.

Government officials have embraced Islamophobic policies and rhetoric; shut the door on refugees fleeing religious persecution; elevated the religious rights of their political allies over the rights — religious and otherwise — of other communities; used religion as a tool of economic deregulation; and denigrated the beliefs of religious minorities, atheists, and religious progressives.

To achieve true freedom for those of all faiths and none, a complete overhaul of religious liberty policy, and a new understanding of what this …

Democracy & Religion: Some Variations & Hard Questions, Kent Greenawalt

Faculty Scholarship

The ideas sketched here concern the nonestablishment and free exercise norms expressed in the U.S. Constitution, their application to governmental institutions from legislatures to prisons and the military, the place of religion in the curricula of public schools, and the proper role of religious convictions in lawmaking. A major concern of the essay is the problem of achieving an appropriate balance between governmental neutrality toward religion, as required by the nonestablishment norm, and governmental accommodation of religious practices that would otherwise violate ordinary laws, as required by the free exercise norm. A recurring theme is the complexity of the issues …

The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough

Senior Honors Theses

The landmark Louisiana case Edwards v. Aguillard ushered in a new era of legislation in which certain ideas are discriminated against because of their religious basis. Due to the Court’s misinterpretation of evidence and employment of a faulty test for a secular purpose, the Court is responsible for disastrous and far-reaching implications. This thesis will examine how the 1987 Supreme Court case Aguillard shifted American science education away from the exploration of multiple competing theories of man’s origins in the classroom. Although America was founded on principles such as freedom of religion and thought which should be protected, the Aguillard …

Proof Of Claim Form: John Doe 192b, Hall & Monagle, Llc

Proofs of Claims

No abstract provided.

Proof Of Claim Form: John Doe 190b, Hall & Monagle, Llc

Proofs of Claims

No abstract provided.

Proof Of Claim Form: John Doe 188b, Hall & Monagle, Llc

Proofs of Claims

No abstract provided.

Law's Religious Awakening: Cincinnati's Bible War, The Concept Of Religious Neutrality, And Its Role Today, Timothy A. Campbell

Belmont Law Review

No abstract provided.

New Report Surveys Extent Of Religious Liberty Activism On The Left, Law, Rights, And Religion Project

Center for Gender & Sexuality Law

New York, New York — A report released today from the Law, Rights, and Religion Project at Columbia Law School offers a sweeping account of religious liberty activism undertaken by social justice and humanitarian movements while demonstrating how right-wing activists have fought for conservative Christian hegemony rather than religious liberty for all. It thus challenges the leading popular narrative of religious freedom.

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.

Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity
• Choose to Trust the Lord
• First Amendment Harms
• "To Do Justly, and to Love Mercy"

Read on Issuu

The Second International Conference On Climate, Nature, And Society: Selected Conference Excerpts, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Membongkar Esensi Dasar Sila Pertama Pancasila: Internalisasi Pemikiran Islam Mohammad Arkoun Dalam Konsep Ketuhanan Yang Maha Esa, Nadila Mahilaveda Annafikarno, Ahmad Alfarizy

Journal of Islamic Law Studies

Belief in the One and Only God as the first principle of Pancasila has hierarchical implications which are the prerequisites for realizing the next precepts. If traced, Soekarno had the concept that the belief in the one and only God does not mean that God is only one universally, but that understanding can only be owned by religious people and stored in belief. But in Pancasila, the nature of the one value is interpreted that it is noble for all Gods who are just, merciful and merciful who must be imbued with one spirit by all Indonesian people. In the …

Pelaksanaan Corporate Social Responsibility Dan Zakat Perusahaan Perbankan Syari’Ah Di Madura, Erie Hariyanto, Mohammad Ali Al Humaidy

Jurnal Hukum & Pembangunan

Corporate Social Responsibility and corporate zakat programs are two instruments for distributing with social responsibility funds that both have a legal basis, namely Law No.40 of 2007 concerning with Limited Liability Companies and company zakat, Law No.23 of 2011 concerning Zakat Management. In general, zakat and CSR contain the same vision and mission, namely concern for the overall social condition. Particularly, the life of the community is related to the welfare, security and peace of the people. The present study uses qualitative methods. The results of the research are Firstly, Bank BPRS Bhakti Sumekar Sumenep has form of Sharia Business …

Analysis Of Lafadz Ta'liq Talak In Islamic Law Perspective And Civil Law Of Marriage/Compilation Of Islamic Law, Nurhadi -

Jurnal Hukum & Pembangunan

Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Native American Religious Freedom As A Collective Right, Michael D. Mcnally

BYU Law Review

No abstract provided.

Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks

BYU Law Review

No abstract provided.

"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean

BYU Law Review

No abstract provided.

Mormon Profit: Brigham Young, Tithing, And The Bureau Of Internal Revenue, Samuel D. Brunson

BYU Law Review

No abstract provided.

The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock

BYU Law Review

No abstract provided.

Religion In Judicial Decision-Making: An Empirical Analysis, René Reyes, Jessica W. Reyes

BYU Law Review

No abstract provided.