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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…

Will SCOTUS’s New Zeal for “Neutrality” Affect its Decision on the “Muslim Ban”?

By Elizabeth Reiner Platt

…ember of Colorado’s Civil Rights Commission it deemed hostile to religion: Freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the holocaust, whether it be—I mean, we—we can list hundreds of situations where freedom of religion has been used to justify discrimination. And to me it is one of the most despicable pieces of rhetoric that people can use to—to use…

Kentucky-Fried Christianity: Governor Matt Bevin Wants to Pray Away Violence in Louisville

By Spencer Dew

…cause of violence: poverty.” Phelps argues that coinciding with the color-coded areas of the Louisville maps Bevin displayed at his meeting are African-American neighborhoods devastated by decades of national, state, and local policies favoring white communities and leaving black West Louisville to fend for itself. Jim Crow laws. The G.I. Bill. Bank redlining. Social security. All designed for whites to prosper—but not blacks. Systemic, governmen…

All the Belly-‘eich’-ing

By Sarah Posner

…reedom bills, meant to take up a perceived lack of protection of religious freedom in existing federal and state law, could provide a free pass to use religion to refuse service to certain types of customers. It was public opposition, widely shared by individuals, businesses, business interests, and religious actors, which spurred Arizona Gov. Jan Brewer’s veto, and the failure of similar bills in other states (save Mississippi). Opponents of LGBT…

Sanctuary and the Second Amendment: Do Guns Deserve Special Protection?

By Rosalind C. Hughes

…Indeed, the tradition of sacred spaces as gun-free (weapon-free, violence-free, force-free) zones makes the use of sanctuary language in recent “Second Amendment Sanctuary” legislation curious. The turn from the use of “sanctuary” from its origins in restricting vengeance, violent enforcement, and weaponry to the protection of gun-keeping within the sanctuary borders, while rhetorically brilliant, feels particularly cynical when research shows th…

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…

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,…

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…

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…

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…