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Fear Not, The IRS Isn’t Colluding With Angry Atheists

By Sarah Posner

…tive legal and religious groups that the agency is attempt to stifle their free speech. Through efforts such as Pulpit Freedom Sunday, pastors openly flout the law. Enforcement of the rule, and the revocation of a participating church’s tax-exempt status, though, could trigger a constitutional challenge to it. The rule against politicking, though, isn’t aimed at suppressing free speech but at ensuring that taxpayers don’t subsidize political activ…

The Uncertain Post-Obergefell World of Religious Exemptions

By Sarah Posner

…isn’t covered because their boss thinks it’s tantamount to murder–dignity didn’t enter into the equation. We’re focused on the bakers and the caterers, in part because the religious right has made such a spectacle of them, with hyperbolic pronouncements about the end of religious freedom and free speech. It’s easy to forget that in most states, as well as under federal law, LGBT people are left unprotected in public accommodations, housing, and em…

On Religion, Abortion, and Politics: Dr. George Tiller’s Christian Ethics

By Ed Knudson

…For All One of Luther’s most popular writings is his pamphlet called “The Freedom of a Christian,” in which he declares that a Christian is free from all earthly authority through the power of the gospel, which establishes a reconciled relationship with God—a quite subversive political orientation since it relativizes all earthly authority. At the same time, this gospel creates in the believer a desire to serve the neighbor, not to satisfy any la…

Take It Off, Or We’ll Make You: On Sarkozy’s Proposed Burqa Ban

By Shabana Mir

…When you step out in clothing that boldly states your womanhood, you are a free woman. You are no longer a slave to old rules and notions. Modernity is inherently free. Therefore, burqas, veils, and headscarves are now off-limits. Women who appear in public wearing such clothing may be fined, arrested, and/or imprisoned. They may be prevented from attending schools and colleges, and from going to work. (We may make allowances for shoppers, though,…

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…

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…

Obama Administration Gives Free Pass for Faith-Based Groups to Discriminate

By Sarah Posner

…the memo was “based on a far-fetched interpretation of the 1993 Religious Freedom Restoration Act.” In a 2010 letter, CARD charged that continued reliance on the 2007 OLC memo “threatens core civil rights and religious freedom protections” and that the administration’s vague case-by-case approach “raises the problem of religious selectivity and provides scant opportunity for transparency or accountability. Following this approach indefinitely whi…

Mercy, Justice, and the Telephone Company

By Daniel Schultz

…loped is the twin definition of citizenship: on the one hand, citizens are free to participate in the political realm. On the other, they’re free to participate in the economic realm, which is to say, the market. Increasingly in the post-war era, it’s that last definition that has taken precedence, leaving us with a global marketplace populated by members of many different nations and ethnicities. As Cavanaugh points out, the less government you h…

White House Unveils Contraception Accommodation Plan [UPDATED]

By Sarah Posner

…The catch here is that there’s a difference between “revenue neutral” and “free.” By one report’s measure, it costs about $21.40 to add birth control, IUDs and other contraceptives to an insurance plan. Those costs may be offset by a reduction in pregnancies. But unless drug manufacturers decide to start handing out free contraceptives, the money to buy them will have to come from somewhere. Where will it come from, since neither employers nor emp…

As Far-Right Surges in US and Germany Debate Rages Over Disqualification of Those Who Would Destroy Democracy

By Annika Brockschmidt

…s.” According to section 2, parties that “seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional.” Section 3 excludes from state financing parties that “are oriented towards an undermining or abolition of the free democratic basic order or an endangerment of the existence of the Federal Republic of Germany.” Judgement as to the constitutionality of poli…