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The Quietly Crumbling Wall of Separation

By Robert Marus

…ative attempts to remedy Smith’s damage may actually leave some plaintiffs better able to defend their free-exercise rights than before. And other rulings on both free-exercise and non-establishment cases—such as in employment cases involving churches and cases involving government-sanctioned prayer—have maintained a distinctiveness for religion as a constitutional category. But other learned First Amendment scholars—such as Marci Hamilton of Yesh…

Netflix Removing Antigay Film Isn’t “Free Speech,” it’s Free Market

By Sunnivie Brydum

…is the governmental kind. But that’s an entirely different animal. Ditto “free speech.” Constitutionally protected free speech concerns, once again, the government, not the right to express any view without consequence. And no one (and certainly no government entity) stopped del Toro from making his film, distributing it to theaters, and eventually licensing it to Netflix. Quite the opposite, in fact. Once audiences were able to see the film for…

Pamela Geller in Brooklyn: Free Speech, Hate Speech, and the Futility of Arguing with a Bigot

By Haroon Moghul

…ing that earns her money. Because it’s the only talent she has. This isn’t free speech, it’s free-market. And to what end? If you link anti-Semitism to Islamophobia, or vice versa, you make it more likely each community will deny the other’s pain. Young Muslims who are expected to accept that anti-Semitism is real, at the cost of denying discrimination against them, are unlikely to. This is not only the biggest Jewish city in the world, but the bi…

To Serve God and Wal-Mart: The Making of Christian Free Enterprise

By Diane Winston

…ve been ignorant of and alienated from the main currents in American life. Bethany Moreton’s pathbreaking study, To Serve God and Wal-Mart: The Making of Christian Free Enterprise is an invaluable asset for apprehending how we got here. Her new book chronicles Wal-Mart’s role in mainstreaming evangelical and free market values even as it became the world’s largest public corporation and the nation’s biggest private employer. A critical appraisal o…

What We Need to Understand is that Fascism is Intersectional and Erotic—’Thy Rod is Thy Gun,’ With a Hip-Thrust

By Annika Brockschmidt

…great relief and pleasure—What if I stop trying to be good? Stop trying to free myself? They know that Michelle Obama isn’t a racist and that their vulgar shit has nothing to do with it. But it feels good. It’s the gross thoughts. What if, what if, instead of trying to set myself free to organize with others to make a new Youngstown… What if I just stayed in the dark? It says a lot about the love of the strongman. The way the guns, a weapon, make…

Mormons Fight Marriage Equality in Mexico; Is Catholic Church Italy’s Anti-Gay NRA?; Nigerian Anglicans Cut Ties With UK Diocese; Global LGBT Recap

By Peter Montgomery

…d and punished. This fact clearly shows the intention of the government to promote a witch hunt against homosexuals rather than its stated objective of protecting traditional ‘natural’ marriage between a man and a woman. The Same Sex Marriage (Prohibition) Act is fundamentally an attack on the civil and human rights of all Nigerians. This law goes against all provisions of the African Charter on Human and Peoples Rights of which Nigeria is a signa…

Republican Scandals Drag Secretive ‘Family’ Into the Big Time

By Randall Balmer, Anthea Butler, Evan Derkacz, Jeff Sharlet, and Diane Winston

…example, some of the achievements of our last “liberal” administration: a “free trade” pact deeply opposed by working people; the partial privatization of welfare; and the passage of a “religious freedom” act that allows conservative evangelicals to influence foreign policy according to their analysis of other faiths’ religious customs. Each of these projects had been long dreamed of by the avant-garde of American fundamentalism. That’s not to say…

Huckabee Calls For Civil Disobedience, Utterly Misreads MLK, Jr.

By Peter Gathje

…uples. The third criterion Dr. King identifies is that “an unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal.” For same sex couples to have legal access just like heterosexual couples…

Welcome to the Shari’ah Conspiracy Theory Industry

By Sarah Posner

…and Islam as director of the Ethics and Public Policy Center’s Program to Promote and Protect America’s Freedom. Santorum, who is considering a presidential run, depicts an American battle against radical Islam as a civilizational war against “Christendom.” The theological warriors include Jewish groups as well. “Shari’ah is an Arabic term referring to a legal framework to regulate public and private aspects of life based upon specific Islamic te…

‘Anti-Romeo’ Vigilante Squads Target Men Suspected Of Being Gay; More in the Global LGBT Recap

By Peter Montgomery

…al” amid the government’s recent crackdown on LGBT people: A 1945 criminal code passed by Britain when Tanzania was under its administration prescribes between 30 years to life in jail for gay male sex. Lesbian sex isn’t against the law. Activists say that, despite the law, former president Jakaya Kikwete, who was in office from 2005 to 2015, mainly left LGBT people alone. But since his successor John Magufuli was elected, that tolerance has evapo…