Religion Law Commons^™

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 …

Roadmap To Reconciliation: An Institutional And Conceptual Framework For Jewish-Muslim Engagement, J. R. Rothstein, Esq., Shlomo Pill, Ariel J. Liberman, Esq.

Touro Law Review

This paper calls for the establishment of a comprehensive academic and theological center to be created and located at a prestigious secular university in the United States. As the first of its kind in North America, it should be affiliated with both American Muslim and Jewish institutions. Modeled on similar Jewish-Christian centers, its mission will be to foster both a neutral ground for dialogue and the development of a theology of Jewish-Muslim coexistence.

First Amendment Challenges To State Vaccine Mandats: Why The U.S. Supreme Court Should Hold That The Free Exercise Clause Does Not Require Religious Exemptions, Donna M. Gitter

American University Law Review

The U.S. Supreme Court has never issued a judicial opinion on the merits declaring that the First Amendment Free Exercise Clause permits states to mandate vaccinations without offering religious exemptions. However, in two recent cases, the Court in brief orders declined applications for emergency relief to block state vaccine mandates, and the petitioners have vowed to continue to pursue these cases.

This Article explores how the seemingly sudden onset of the coronavirus pandemic, coupled with its protracted duration, has occasioned both emergency and enduring state regulation of religious behavior in a way that exposes deep divides in our society’s views …

Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw

Articles by Maurer Faculty

This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The question of whether caste discrimination is a form of race or national origin discrimination under Title VII or Section 1981 depends upon how the courts apply these definitions to caste discrimination based on untouchability. There are legitimate arguments that this form of discrimination is recognized within the concept …

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.

The Legal Origins Of Catholic Conscientious Objection, Jeremy K. Kessler

Faculty Scholarship

This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s — most especially regulations concerning the provision of contraception and …

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 …

Intentional Discrimination And Haredi Jews, Michael Lewyn

Scholarly Works

No abstract provided.

Reflections/Lovingkindness, Abner S. Greene

Faculty Scholarship

No abstract provided.

‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Laynie Soloman, Russell G. Pearce

Faculty Scholarship

The role and function of “halakha” (Jewish law) in Jewish communal life is a divisive issue: while Orthodox Jews tend to embrace Jewish law, non-Orthodox Jews (here deemed “Heterodox”) generally reject Jewish law and halakhic discourse. We will explore the way in which Robert Cover’s work offers an antidote to categorical Heterodox distaste for halakha specifically, and law more broadly, providing a pathway into an articulation of halakha that may speak to Heterodox Jews specifically: one that is driven by creative “jurisgenerative” potential, that is informed by a paideic pluralism, and that is fundamentally democratic in its commitment to being …