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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’s So Troubling About Funding a Playground? How Trinity Lutheran Undermines the First Amendment

By Elizabeth Reiner Platt

…affirmative, finding that the Missouri policy violated Trinity Lutheran’s free exercise rights by forcing the church to choose between its religious identity and participation in a government benefit program. In an opinion by Chief Justice Roberts, the Court held “the Department’s policy expressly discriminates against otherwise eligible recipients by disqualifying them from a public benefit solely because of their religious character… such a pol…

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…

Better Dead Than ‘Fed’: Behind Palin’s Dig at ‘Unbiblical’ Fed

By Julie Ingersoll

…’ shall be imposed on the people of these United States. We support a debt-free, interest-free money system.” Congressional Tea Partiers Vow to Challenge the Fed Ron Paul’s bill to audit the Fed, which passed the House earlier this year but didn’t become law, is expected to be even more popular in the incoming Congress. There’s even speculation that the House Republicans might mount a challenge to the whole system, and Rand Paul is promising to jo…

Indonesian Court Rejects Religious Conservatives’ Bid To Criminalize Gay Sex; More in Global LGBT Recap

By Peter Montgomery

…. Ugandan officials have repeatedly banned events that they falsely claim “promote” homosexuality, Human Rights Watch said. A July 2014 High Court ruling, in violation of free assembly rights, endorsed Ethics and Integrity Minister Simon Lokodo’s closure in 2012 of a human rights workshop organized by LGBT activists, claiming that workshop participants were “promoting” or “inciting” same-sex acts. Activists have appealed the ruling, but their appe…

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,…

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…

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…

303 Creative Is Not a ‘Religion v. Gay Rights’ Case — But Here’s Why the Christian Right is Happy with the Media Suggesting Just That

By Heron Greenesmith

…incentive the Christian Right has to keep the focus on religion instead of free speech is because the implications if Smith wins on the free speech argument are, frankly, unthinkable. A win for Smith would bore a hole right in the center of nondiscrimination laws—nondiscrimination laws for all, not just for LGBTQ people—no matter what ADF want us to think. A win for Smith would, by some measures, create an entirely new class of rights: artists who…

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…