Religion Law Commons^™

Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo, Thomas J. Hellenbrand

Notre Dame Law Review

This Note will proceed as follows: Part I will set the stage and briefly outline the history of Kosovo and its current political status. Part II will then introduce the Kosovo Constitution and the process by which international agreements (such as the European Convention of Human Rights) were embedded in the text and made binding legal authority. It will show that, although the international agreements are binding, the Kosovo Constitution does not make international case law obligatory. Part III will then address different foundational documents drafted in anticipation of Kosovo’s statehood and how judicial and administrative institutions should apply them …

Establishment’S Political Priority To Free Exercise, Marc O. Degirolami

Notre Dame Law Review

Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking the venerable liberal view that First Amendment rights must not be constricted to secure communal, political benefits. To prioritize free speech rights, they say, reflects an unjust inflation of individual interest over our common political commitments. These disagreements afflict the Religion Clauses as well. Critics claim that religious exemption has become more important than the values of disestablishment that define the polity. Free exercise exemption, they argue, has subordinated establishment.

This Article contests these views. The fundamental rules and norms constituting the political regime—what the Article calls …

The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor

Brigham Young University Prelaw Review

Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.

Recommendations For Strengthening The Kingdom Of Saudi Arabia's Management Of Non-Hazardous Solid Waste Informed By A Comparative Assessment Of The Management Of Non-Hazardous Solid Waste In The United Arab Emirates, Saud Hani Arab

Dissertations & Theses

Despite significant changes in the category and volume of waste, the Kingdom of Saudi Arabia (KSA) still manages refuse the same way it did decades ago. Before 1975, waste generators were responsible for collecting and disposing of nonhazardous solid waste (NSW). The KSA later set up the Ministry of Municipalities and Rural Affairs (MOMRA) in 1975 as a result of the oil boom. One of the initial tasks of MOMRA was to manage and develop NSW system. In addition to management, MOMRA also distributed waste bins throughout the KSA and hired waste haulers to be responsible for NSW. As I …

Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred

Brigham Young University Journal of Public Law

No abstract provided.

A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake

Brigham Young University Journal of Public Law

No abstract provided.

Inviting An Impermissible Inquiry? Rfra’S Substantial-Burden Requirement And “Centrality”, D. Bowie Duncan

Pepperdine Law Review

The Religious Freedom Restoration Act (RFRA) prohibits the federal government from substan-tially burdening a person’s religious exercise unless the government can satisfy strict scrutiny. The statute also defines religious exercise to prohibit courts from inquiring into how central a particular religious exercise is to a person’s religion. “The term ‘religious exercise,’” reads the relevant provision, “includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” Despite this prohibition on centrality inquiries, some scholars argue that RFRA’s substantial-burden element requires courts to consider the religious costs a law imposes on a religious adherent …

Queer And Convincing: Reviewing Freedom Of Religion And Lgbtq+ Protections Post-Fulton V. City Of Philadelphia, Arianna Nord

Washington Law Review

Recent increases in LGBTQ+ anti-discrimination laws have generated new conversations in the free exercise of religion debate. While federal courts have been wrestling with claims brought under the Free Exercise Clause of the First Amendment since the nineteenth century, city and state efforts to codify legal protections for LGBTQ+ individuals in the mid-twentieth century birthed novel challenges. Private individuals who do not condone intimate same-sex relationships and/or gender non-conforming behavior, on religious grounds seek greater legal protection for the ability to refuse to offer goods and services to LGBTQ+ persons. Federal and state courts must determine how to resolve these …

Brief Of Amici Curiae Eparchy Of Our Lady Of Lebanon Of Los Angeles And The Orthodox Church In America In Support Of Appellee's Petition To Transfer, John A. Meiser

Court Briefs

No. 22S-CP-302
Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc.

Court of Appeals Case No. 21A-CP-00936

Appeal from the Marion Superior Court 1

Trial Court Case No. 49D01-1907-PL-027728

The Honorable Lance Hamner, Special Judge

From the Summary of Argument

This case challenges a decision that is manifestly ecclesiastical: a directive from the Archbishop of Indianapolis regarding what policies a religious school must follow in order to be faithfully Catholic and to remain formally part of his Archdiocese. That is a question of exclusively religious concern. In the religious traditions of the Archdiocese and amici, it is a question which …

An Easy Sell: The Third Circuit Protects Religious Advertising In Colts V. Freethought, William Zachary Mineo

Villanova Law Review (1956 - )

No abstract provided.

Waqf Fund Management Through Micro Waqf Bank Program In Indonesia, Fachry Ganiardi Danuwijaya, Nurwahidin M.Ag

Journal of Strategic and Global Studies

Waqf is a muamalah activity that has a very important economic and social role in Islamic history. Waqf is one of solutions to the problem of poverty and social inequality in society. The establishment of the Micro Waqf Bank initiated by the government together with the Financial Services Authority (OJK) has played an important role as one of the new Islamic microfinance institutions in financial inclusion in Indonesia. This paper will discuss how the management of waqf funds through the Islamic Waqf Bank program based on pesantren in efforts to alleviate poverty and social inequality which has become a chronic …

Judicial Ethics May Decide Whether A Prisoner Can Be Touched As He Is Executed, Mikayla Lewison

SLU Law Journal Online

The community having faith in the judiciary is vital for the U.S. to function as a democracy. Recently, the Court has become seemingly more politicized, even though Americans prefer an apolitical court. In this article, Mikayla Lewison argues that personal interests of the justices on the Court have likely played a role in whether or not prisoners, like John Henry Ramirez, may have a cleric of their choice inside the chamber as they are executed.

Punishment For Drinking Alcohol Between Islamic Sharia And Lebanese Law, Jaber Alhassan

Al Jinan الجنان

This study aimed to find similarities and differences between Islamic law and Lebanese law regarding the penalty for drinking alcohol. To achieve the objectives of the study, the researcher dealt with the topic of punishment, its concept, the concept of drunkenness, and the concept of drunkenness. The penalty for drinking it, and determining criminal responsibility in Sharia and Lebanese law. In this study, the researcher used the comparative descriptive inductive approach by referring to the original sources of Islamic law and books on positive law in general an
nd the Lebanese in particular, and some judicial rulings related to the …

Russia’S 2020 Constitutional Amendments And The Entrenchment Of The Moscow Patriarchate As A Lever Of Foreign Policy Soft Power, Robert C. Blitt

Book Chapters

Much has been written about the Kremlin’s embrace of the Russian Orthodox Church—Moscow Patriarchate (ROC) as a lever of soft power for advancing Russia’s foreign policy. Based on the substance of the constitutional amendments ratified in July 2020, this chapter reasons that the church-state partnership is poised to grow stronger and more entrenched in the coming years.

After briefly highlighting the energizing effect several key constitutional amendments are likely to have on existing Kremlin foreign policy objectives, this chapter offers an assessment of the ROC’s central role in disseminating and advocating these newly minted constitutional norms across its international platforms …

Reclaiming Establishment: Identity And The 'Religious Equality Problem', Faraz Sanei

Scholarly Articles in Law Reviews & Journals

Since at least 2017, the Court has implicitly recognized a right of equal access to generally available public benefits based on the beneficiary’s religious identity or status. In Carson v. Makin (2022), the Court went a step further and, for the first time, concluded that the “statususe distinction lacks a meaningful application” in both theory and practice. It then held that restrictions on the use of public benefits for sacral purposes amount to religious discrimination because they impose substantial burdens on free exercise rights. Carson’s holding, and the rationale underlying it, contravene settled case law and effectively gut the Establishment …

The Use And Abuse Of Domestic National Security Detention, Nicole Hallett

Seattle University Law Review

Are people convicted of terrorism-related offenses so dangerous that we must bend the Constitution to keep the public safe? Or should we treat them like people who commit other crimes—by prosecuting, convicting, sentencing, and then releasing them after they have served their criminal sentences? Can we trust the government to use the power to detain people without criminal charge without abusing it? The case of Adham Amin Hassoun raises these questions. Prosecuted after 9/11 for providing support to Muslims abroad in the 1990s, and sentenced under the United States’ expansive material support laws, Hassoun avoided a life sentence only to …

Introduction To Issue Two, Jack Hynes

Loyola University Chicago Law Journal

No abstract provided.

It Was Never About A Cake: Masterpiece Cakeshop And The Crusade To Weaponize Religious Freedom, Andrew L. Seidel

Loyola University Chicago Law Journal

No abstract provided.

Natural Law And Universal Human Rights, David F. Forte

Law Faculty Articles and Essays

Abdullahi An-Na'im has set his life's quest on attempting to find a way that Muslim society can be attuned to the moral commands of the Universal Declaration of Human Rights, a Western creation. At present, the Shari'a and the Declaration are in obvious tension, if not conflict, in areas such as freedom of religion and the rights of women. An-Na'im finds that the Shari 'a is a creation of man derived in history from an interpretation of Islamic sources. Muslims today can legitimately develop their own interpretation relying on the root sources of Islam, but only so long as those …

Antidiscrimination And Tax Exemption, Alex Zhang

Faculty Articles

The Supreme Court held, in Bob Jones University v. United States, that violations of fundamental public policy— including race discrimination in education—disqualify an entity for tax exemption. The holding of the case was broad, and its results cohered with the ideals of progressive society: the government ought not to subsidize discrimination, particularly of marginalized groups. But almost four decades later, the decision has never realized its antidiscriminatory potential. The Internal Revenue Service (IRS) has limited implementation to the narrowest facts of the case. The scholarly literature has not formulated a systematic account of how to enforce the Bob Jones …