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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…

Not All Choice is Free

By Louis A. Ruprecht

…the state to insist on its way, and for them to gain their administrative freedom, would be to abrogate that curious tax exemption for an institution as wealthy as the Catholic Church in a time of real fiscal crisis. But clearly, this would lend itself to the very Big Brother vision of the federal government that created this controversy in the first place. Instead, President Obama, ever the patient compromiser, attempted to create a new distinct…

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…

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

By Annika Brockschmidt

…s.” According to section 2, parties that “seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional.” Section 3 excludes from state financing parties that “are oriented towards an undermining or abolition of the free democratic basic order or an endangerment of the existence of the Federal Republic of Germany.” Judgement as to the constitutionality of poli…

Will SCOTUS’s New Zeal for “Neutrality” Affect its Decision on the “Muslim Ban”?

By Elizabeth Reiner Platt

…ember of Colorado’s Civil Rights Commission it deemed hostile to religion: Freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the holocaust, whether it be—I mean, we—we can list hundreds of situations where freedom of religion has been used to justify discrimination. And to me it is one of the most despicable pieces of rhetoric that people can use to—to use…

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…

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 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…

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…

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…