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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…

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…

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…

Not All Choice is Free

By Louis A. Ruprecht

…seem overdrawn at first glance. There seems to be a fundamental difference between a citizen and/or organization withholding taxes for state services with which they do not wish to be identified, and a citizen and/or organization being asked to provide those services themselves. The problem is that this creates a false distinction between the state as an actor and people as actors. State services are, all of them, provided by organizations and by…

Glenn Beck’s Political Theology

By Daniel Schultz

…oppression cannot be far behind. Conversely, if a God is disclosed who is free to come and go, free from and even against the regime, free to hear and even answer slave cries, free from all proper godness as defined by the empire, then it will bear decisively upon sociology because the freedom of God will surface in the brickyards and manifest itself as justice and compassion. That’s the God I know and love, one who provokes real change on behalf…

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…

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…

All the Belly-‘eich’-ing

By Sarah Posner

…l orientation in public accommodations, did not violate the photographer’s Free Speech or Free Exercise rights, nor did it violate the state’s Religious Freedom Restoration Act. The photographers sought review from the United States Supreme Court on one issue: whether the state human rights law violated their free speech rights. They did not seek review on the other questions. The New Mexico Supreme Court is the court of last resort on the questio…

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,…