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The Battle for the Meaning of Religious Freedom Day

By Frederick Clarkson

…proclamation, as required by Congress, but Trump was the first to overtly use it to promote the agenda of the Christian right. Trump had referenced a number of recent legal battles over religious exemptions from the law (some of which ADF had been a party to) “As the president’s proclamation says, ‘No American—whether a nun, nurse, baker, or business owner—should be forced to choose between the tenets of faith or adherence to the law.’” This proc…

Why I Joined Over a Thousand Faith Leaders in Masterpiece Case Brief

By Marie Alford-Harkey

…individual is free to hold and to practice such beliefs, but they are not free to use those beliefs to claim a right to discriminate in the public arena. Same-sex couples have been granted access to civil marriage under the Constitution, and they must be allowed to exercise that right freely, including buying goods and services from businesses open to the public. The brief filed by Masterpiece Cakeshop’s attorneys goes so far as to say, “The cake…

Founder of Liberal Mosque in Germany Under Guard After Death Threats; And More in Global LGBT Recap

By Peter Montgomery

…nitiative that has been tackled since the last three legislatures is not cause for a split between the PAN, she said, since “National Action is favor of marriage between mother and father.” The PAN denied that her links with the Confamilia organization, linked to the Catholic Church and with which she shared the presidium, damaged her image before society: “It does not affect me because I am being congruent with my principles, values and stateme…

Khalifah: We Really Do Have Control Over Our Own Destiny

By Amina Wadud

…dy at 10 to think of a little bit more of a challenge. The lady without diabetes ‘because the Lord had not told her she had it,’ said she would exercise: maybe once a week for five minutes. Her likelihood in meeting this goal was some where around 3 or 4. When asked what would make it more likely she said again, “if the Lord tells me.” So, I asked her if there was any way she could speak to the Lord and she turned to me with indignation and said “…

WaPo OpEd: Pope Francis and the Koch Bros Love and Serve the Poor Together

By Patricia Miller

…ess by supporting organizations that “bear the common mission of advancing free enterprise and free societies.” The Saemans write that “promoting limited government alongside the Kochs is an important part of heeding Pope Francis’s call to love and serve the poor.” This despite Francis’ unequivocal statements almost exactly a year ago in opposition to the “free enterprise” ideology: “Some people continue to defend trickle-down theories which assum…

Here’s What the Court Didn’t Decide in Masterpiece

By Patrick Hornbeck

…sons” and, on the other, “the right of all persons to exercise fundamental freedoms,” including the free exercise of religion. And therein lies a second, likely much less welcome upshot for gay rights advocates. Justice Kennedy’s opinion for the Court argued that the Civil Rights Commission unfairly treated Phillips in two ways. His first argument, that the commission permitted other bakeries to refuse service to customers who wished to commission…

Corporations, Religious Conscience, Citizens United, and Contraception

By Sarah Posner

…ligious Freedom Restoration Act, and the Free Exercise, Establishment, and Free Speech Clausees of the First Amendment. On the RFRA claim—one that conservative opponents of the HHS rule have portrayed as more or less open and shut—the judge ruled that the coverage requirement does not “substantially burden” (the relevant legal standard) O’Brien’s religious practice: Frank O’Brien is not prevented from keeping the Sabbath, from providing a religiou…

There is No Religious Freedom: A Lesson from a ‘Pastafarian’ Stunt

By Austin Dacey

…ve found another way. The solution is that no one is entitled to religious freedom because there is no such thing as religious freedom. Straining Credulity On what grounds could we conclude that the man in the pasta strainer deserves less deference from the state than the woman in the hijab or the man in the kippa? Is it that their faiths are “real,” and his fake? There are two ways that the state could judge that a faith is real as opposed to fak…

Why Hobby Lobby is a Pandora’s Box: Ginsburg v. Alito

By Julie Ingersoll

…why. This was not a First Amendment case. It was filed under the Religious Freedom Restoration Act (RFRA). Understanding this will require a little legal history but I promise to keep it brief. Prior to 1990 The Court ruled on First Amendment Free Exercise claims with a test known as the Sherbert Test. Constitutional rights are not absolute (think laws against human sacrifice). Essentially an infringement on Free Exercise was permitted if: 1) ther…

What 19th-Century Marriage Controversies Can Tell Us About The Fight Over Gay Marriage

By Eric C. Miller

…eteenth-century polygamy controversy. Marriage is a unique institution because it is always both public and private, and both religious and civil. What then are the freedoms and limitations to religious expression in marriage? With nineteenth-century polygamy some of the debate was over the validity of the religion and Joseph Smith as a prophet, but a significant part of the debate was about the treatment of women in polygamy. There were sensation…