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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…

Take It Off, Or We’ll Make You: On Sarkozy’s Proposed Burqa Ban

By Shabana Mir

…lloween masks should be similarly avoided by Muslims. Select costumes that use make-up rather than masks. Select costumes that do not use any forms of head-covering (e.g. wigs, scarves, nun’s habit, pirate hat). Dressing up as, say, Whoopi Goldberg may be impermissible because it necessitates dreadlocks. Dressing up as, say, Queen Elizabeth also involves head-wear, and should be avoided. The Muslim-Catholic comparison has already become a sore poi…

What the Danish Cartoon Controversy Tells Us About Religion, the Secular, and the Limits of the Law

By Winnifred Fallers Sullivan

…contemporary Islam, Mahmood argues that many Muslims were not offended because a law against representation of the prophet was broken but because a person they loved and revered was insulted. She considers two possible legal framings of the injury, one as an incidence of racism to be classified as a hate crime, the other in terms of blasphemy and free speech. She then shows how each fails in this case for various reasons, but, that it is, in large…

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

…omebody should ask them if just how committed they are to the ideal of the free market. Because the other tension in the nation-state as it has developed 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, lea…

Glenn Beck’s Political Theology

By Daniel Schultz

…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 of those who cannot create it for themselves, one whose love is not threatened by a diverse society, one who wildly and without a doubt free, and calls us to real freedom, which is to live as neighbors, w…

Obama Administration Gives Free Pass for Faith-Based Groups to Discriminate

By Sarah Posner

…ed not—and should not—impose.” (Obama’s “steadfast commitment to religious freedom” has somehow been forgotten in the contraception wars.) In its written answers to Scott’s questions posed at the 2011 House Judiciary Committee hearing, DOJ said that “in response” to the World Vision opinion, the Office of Justice Programs “developed a policy that allows for a case-by-case review of applicants seeking a similiar exemption.” Under the policy, accord…

The Bad Religion at the Heart of GOP Healthcare Policy

By Peter Laarman

…poor and without health coverage, that’s all about you. We wash our hands. Free markets: If you are poor, you are perfectly “free” to sleep under a bridge, in the immortal words of Anatole France. But the wealthy are totally free to suck up health care resources via tax-favored health savings accounts. And it goes without saying that the insurance companies and health providers are totally free to suck out your blood. State authority on insurance…

Not All Choice is Free

By Louis A. Ruprecht

…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 people. Catholic institutions are claiming an exemption from the obligation to provide such services because they are religiously opposed to them. They are engaging in a selective opt-out, just like the guy from North Carolina. I am not convinced that any of…

As Far-Right Surges in US and Germany Debate Rages Over Disqualification of Those Who Would Destroy Democracy

By Annika Brockschmidt

…ting that when voters last made their choice, against Trump, in 2020—he refused to accept it, refused to participate in the peaceful transfer of power, and waged a violent coup, with his supporters trying to hunt down and kill members of Congress, and hang his own Vice president. In the end, the survival of liberal democracies might in no small part depend on the willingness of their courts and other authorities to use the defense mechanisms their…