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Pulitzer-Prize Winning Historian’s Latest Reveals the Problem with Today’s ‘Religious Freedom’

By Andrew L. Seidel

…than a historical summation, described by Rakove thusly: “Disestablishment promoted free exercise, and free exercise made establishment superfluous.” Beyond Belief recounts this history, and, while Rakove touches on the present, his focus is the past. But it’s impossible to read Beyond Belief and not notice that, in their desperation to “make America great again” Trump, Pence, and the other Christian nationalist politicians and judges have turned…

Religious Freedom Historian John Ragosta on “Religious Freedom”

By Frederick Clarkson

…saw these three things as the great accomplishments of his life: political freedom, religious freedom, and educational freedom and opportunity. Of the three, he thought religious freedom was the foundation because without freedom to think and believe, you could not have the other two. A republic could not work if government and church officials (what Jefferson referred to as an alliance of “kings, nobles, and priests”) were trying to control what…

Don’t Let Bigoted Campaigns Sour You to the Revolutionary Idea of Religious Freedom

By Frederick Clarkson

…remaining unburdened by the many contemporary issues related to religious freedom. Those promoting the model resolution include BJC (The Baptist Joint Committee on Religious Liberty), and organizations from American Atheists to The Interfaith Alliance and the American Humanist Association—all of which are members of the Blitz Watch Coalition, which was formed to combat the Christian nationalist and Dominionist state legislative campaign called Pr…

Supreme Court Rules Religion is Special… This Time

By Katherine Stewart

…ly is special. This is why the First Amendment grants us both the right to free speech and the right to the free exercise of religion—because speech and religion are not the same thing. I think the Founders were right. The basic principle that the free exercise of religion requires that government should refrain as much as possible from getting involved in ecclesiastical decisions is surely sound. For the same reason, on the other hand, we must st…

Muslim Students Shocked By Professor’s Column

By Haroon Moghul

…ading obviously inflammatory passages is inexcusable. I am not looking for free speech to be revoked; far from it. I don’t want Varadarajan to stop writing. I would like him to change his mind, of course, but see no virtue in show trials, thought control or other instruments of conformity. I’m a writer, and have received numerous harsh comments for some of my opinions in the past. Some of my most vocal critics have been Muslims. But to defend free…

My Business, Myself: Piercing the Corporate Veil

By Howard M. Friedman

…. If the First Amendment has been interpreted to guarantee a corporation’s free speech rights, does it also have free religious exercise rights guaranteed by the same Amendment? Annex Medical claims it does, citing as evidence its formal Mission Statement to manufacture medical products of high quality and good value, while conducting business in a way that is pleasing to God and is faithful to Biblical principles and values. We will accomplish th…

Historian John Ragosta Discusses the Context and Inspiration for ‘Religious Freedom’ in the U.S.

By Frederick Clarkson

…saw these three things as the great accomplishments of his life: political freedom, religious freedom, and educational freedom and opportunity. Of the three, he thought religious freedom was the foundation because without freedom to think and believe, you could not have the other two. A republic could not work if government and church officials (what Jefferson referred to as an alliance of “kings, nobles, and priests”) were trying to control what…

Court Rules in Favor of For-Profit Employer Seeking Exemption from Contraception Rule

By Sarah Posner

…Restoration Act, not on the plaintiffs’ claims under the First Amendment’s Free Exercise, Establishment, and Free Speech clauses. Under that standard, the court determined that the Newlands and Hercules would suffer a substantial burden on their free exercise of religion should they be required to provide contraception coverage under their self-insurance that that provide to the company’s employees, and that the government had not implemented the…

Are Kosher Delis Like Catholic Hospitals?

By Sarah Posner

…other words, Soloveichik charged the administration with trampling on the Free Exercise rights of employers while ignoring the wrong of religious coercion of their employees. Sarna, who writes that he hopes Congress will ignore Soloveichik’s testimony, shines light on how Soloveichik and the other Issa witnesses ignored the Establishment Clause in favor of the Free Exercise Clause: In fact, the government makes no such assumption at all. Instead,…

What the Danish Cartoon Controversy Tells Us About Religion, the Secular, and the Limits of the Law

By Winnifred Fallers Sullivan

…in Europe and elsewhere have failed to internalize the democratic value of free speech. Jyllands-Posten, for its part, self-righteously claimed to be heroically rescuing free speech in the face of the fearful self-censorship practiced by Danish writers and artists with respect to criticism of Islam. The incident was portrayed as a clash between the liberal values of an open society and an anti-modern, authoritarian, and superstitious religion. In…