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Kagan: Establishment Clause Is “Hard”

By Sarah Posner

…s that there needs to be some “play in the joints.” There needs to be some freedom for government to act in this area without being subject to a claim from the other side – some freedom for government to make religious accommodations without being subject to Establishment Clause challenges, and some freedom on government’s part to enforce the values of the Establishment Clause without being subject to Free Exercise claims. That’s not to say how an…

Florida Governor Signs Law Defending Educators’ Right to Witness

By Lauri Lebo

…events.” In January 2009, principal Frank Lay and athletic director Robert Freeman were accused of violating the consent decree when “Lay asked Freeman to offer a prayer of blessing during a school-day luncheon for the dedication of a new field house at Pace High School. “Freeman complied with the request and offered the prayer at the event. It appears this was a school-sponsored event attended by students, faculty and community members.” In respo…

Liberals Enabled Bishops in Contraception Battle

By Sarah Posner

…th states held that there was no violation of the First Amendment right to free exercise of religion. That’s because the law doesn’t “substantially burden” anyone’s religious practice and is one of general applicability that was not targeted at infringing a particular religious practice. To permit religious beliefs to “excuse compliance with otherwise valid laws regulating matters the state is free to regulate,” would, the California Supreme Cour…

It’s Preposterous That We Can’t Question Nominees on Religion

By Patricia Miller

…lipped the definition of “religious liberty” from an individual’s right to freedom of religious practice to the right of religious imposition on others (via an ever expanding roster of religious exemptions). “Because so many religious people currently say they should be exempt from the laws, it is important for Senators to get all nominees to disclose just what their perspective of religion’s relationship to the law is,” Leslie Griffin, a professo…

Marriage Debate in Australia Shifts To Push For Religious Exemptions; and More in Global LGBT Recap

By Peter Montgomery

…ces when Parliament attempts to legislate protections for basic rights and freedoms, such as freedom of religion. “The Government is particularly concerned to prevent uncertainties caused by generally worded Bill of Rights-style declarations. “This will be a timely expert stocktake to inform consideration of any necessary legislative reforms.” LGBTI activist Rodney Croome called for LGBTI representation on the panel, saying, “Genuine religious fre…

2017 Around the World: Progress and Persecution For LGBT People

By Peter Montgomery

…’s Eryk Bagshaw: The Greens will use Phillip Ruddock’s review of religious freedoms to build momentum for an Australian bill of rights and with Labor’s support it could be put before a Senate inquiry as early as next year. The Coalition, the Greens and the Opposition will clash over religious freedoms when Parliament resumes in February after Treasurer Scott Morrison vowed to defend Christianity from discrimination following the passing of same-se…

Is Alcoholics Anonymous a Religion?

By Galen Watts

…d back in 2014, defended itself by invoking section 18 of the Human Rights code, which allows a religious group to restrict participation to the faithful. So while AA presents itself to the public as a “spiritual” program, distinguishing itself from “religious” groups, it nevertheless claimed “religious” legal status in order to protect itself. Although the definition of “religion” is generally assumed in common parlance, it is not in any sense ea…

Sydney’s Anglican Diocese Gives $1 Million To ‘No’ Campaign on Marriage; and more in Global LGBT Recap

By Peter Montgomery

…ld step of drawing down one million dollars from the Diocesan Endowment to promote the ‘no’ case,” he said. Davies told the gathering that “the stakes are high and the cost is high”. “Yet the cause is just and it is a consequence of our discipleship to uphold the gift of marriage as God has designed it — a creation ordinance for all people. By so doing, the wisdom of God is made manifest.” … “I believe that a change in the definition of marriage i…

Is Alcoholics Anonymous a Religion?

By Galen Watts

…d back in 2014, defended itself by invoking section 18 of the Human Rights code, which allows a religious group to restrict participation to the faithful. So while AA presents itself to the public as a “spiritual” program, distinguishing itself from “religious” groups, it nevertheless claimed “religious” legal status in order to protect itself. Although the definition of “religion” is generally assumed in common parlance, it is not in any sense ea…

Religious and Political Silence on India’s LGBTQ Decision Speaks Volumes

By Andrea R. Jain

…es. “Deviant,” “diseased,” and other descriptors of sexual minorities were code words for homophobia and transphobia. Moving the discussion of Section 377 away from systemic inequality and toward the putative best interest of Indian society was emblematic of the right-wing attempt to erase sexual diversity. Although right-wing Prime Minister Narendra Modi has remained silent on Section 377 since his election campaign in 2014 (during hearings in Ju…