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Here’s What the Court Didn’t Decide in ‘Masterpiece Cakeshop’

By Patrick Hornbeck

…sons” and, on the other, “the right of all persons to exercise fundamental freedoms,” including the free exercise of religion. And therein lies a second, likely much less welcome upshot for gay rights advocates. Justice Kennedy’s opinion for the Court argued that the Civil Rights Commission unfairly treated Phillips in two ways. His first argument, that the commission permitted other bakeries to refuse service to customers who wished to commission…

Yeshiva is Likely to Win Its Battle Against LGBTQ Group — But Do Jewish Orgs Really Want to Empower a Militant Christian Movement?

By Orit Avishai

…, in recent years, this sweeping illiberal agenda has weaponized religious freedom to promote a militant, literal, and illiberal Christian ideology that embraces Christianity as a bedrock American identity. This agenda not only claims a special place for religion in American culture but demands that the laws of the land be based on Christian morals, ethics, and history. In other words, it has its sights set on the rights and liberties not of relig…

The Deadly Burqini, Or, What Exactly is an “Islamic Swimsuit”?

By Shabana Mir

…I would like to go swimming but not in a one-piece from Wal-Mart. You are free to disagree with me, but I am also free to feel the way I do. There are people who feel free to go to work without deodorant, or underwear, or appropriate coiffure, with worse consequences than a burqini might have on others. I wish people would take up arms against those offences. In my opinion, given how I perceive swimsuits, it’s extremely unfair and sexist to requi…

Rubio Is Confused About Christianity, Marriage Equality, and the Constitution

By Sarah Posner

…other religious teaching) at all, much less deeming it “hate speech.” The Free Exercise Clause protects religious practice and religious speech. Under the Free Speech Clause, the government cannot proscribe “hate speech” or even define it. Under the Establishment Clause, the government cannot endorse (or renounce) a particular religion. You can say gay people are intrinsically disordered. Or you can say they don’t have a constitutional right to g…

A Bill Passes, Westboro Baptists Shrug

By Rebecca Barrett-Fox

…the two key issues at stake in its signing: First Amendment rights to the free exercise of religion and to free speech: I am very pleased to be signing this bill into law. The graves of our veterans are hallowed ground. And obviously we all defend our Constitution and the First Amendment and free speech, but we also believe that when men and women die in the service of their country and are laid to rest, it should be done with the utmost honor an…

Here’s What the Court Didn’t Decide in Masterpiece

By Patrick Hornbeck

…sons” and, on the other, “the right of all persons to exercise fundamental freedoms,” including the free exercise of religion. And therein lies a second, likely much less welcome upshot for gay rights advocates. Justice Kennedy’s opinion for the Court argued that the Civil Rights Commission unfairly treated Phillips in two ways. His first argument, that the commission permitted other bakeries to refuse service to customers who wished to commission…

Corporations, Religious Conscience, Citizens United, and Contraception

By Sarah Posner

…urt. Judge Carol E. Jackson dismissed O’Brien’s claims under the Religious Freedom Restoration Act, and the Free Exercise, Establishment, and Free Speech Clausees of the First Amendment. On the RFRA claim—one that conservative opponents of the HHS rule have portrayed as more or less open and shut—the judge ruled that the coverage requirement does not “substantially burden” (the relevant legal standard) O’Brien’s religious practice: Frank O’Brien i…

Gay Black Church: An Interview with Bishop Yvette Flunder

By Lisa Webster

…hat African people would do, because they’re cursed. We still wouldn’t get free. There’s no freedom anywhere. And that it was God’s idea—it was not white people’s ide it was God’s idea that we be in that place. And there was a church in Welshneck, South Carolina that, when the Emancipation proclamation came and African people were freed, a group of them went to this church and wanted to become members of the church. Now of course they couldn’t si…

Romney’s Christian Nation Conundrum

By Sarah Posner

…ndeed the Republican Party’s official position is that the balance between promoting free exercise of religion and prohibiting religious tests for office “has been distorted by judicial rulings which attempt to drive faith out of the public arena.” What would be an appropriate public expression of faith in the public square? In the Republican Party platform, public display of the Ten Commandments and student-led prayer in public schools, because i…

The Fire Next Time: Tibetan Protests Spread

By Megan Sweas

…molated last year, says Tenzin Jigdal, program director for Students for a Free Tibet—India. Refugees born in Tibet cannot easily forget China’s repression, says Wangdue, 33, a “mountain boy” from Tibet with just one name. He hung out at his open-air clothing shop along the narrow path of Majnu Ka Tilla with Norbu Tsetam, 25, who was born in India. “He hears about Tibet, but he cannot see Tibet,” Wangdue says of his friend. “Sometimes I feel I’m a…