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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…

Sanctuary and the Second Amendment: Do Guns Deserve Special Protection?

By Rosalind C. Hughes

…Indeed, the tradition of sacred spaces as gun-free (weapon-free, violence-free, force-free) zones makes the use of sanctuary language in recent “Second Amendment Sanctuary” legislation curious. The turn from the use of “sanctuary” from its origins in restricting vengeance, violent enforcement, and weaponry to the protection of gun-keeping within the sanctuary borders, while rhetorically brilliant, feels particularly cynical when research shows th…

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…

$50 Billion Fundamentalist Free Fall

By Louis A. Ruprecht

In the latest news flash that has Wall Street reeling, Bernard Madoff, arguably the most dominant figure at the NASDAQ Exchange, was arrested on one count of Security Fraud by an FBI team investigating the affair. The Securities and Exchange Commission has launched its own investigation, and further charges seem inevitable. The numbers involved are staggering. His company’s value, estimated at some $50 billion is now, by his own admission, based…

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…

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,…

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…

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…

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…

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…