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

By Austin Dacey

…to flourish.” The religious are free, but not because they enjoy religious freedom. They are free insofar as all are free. In a liberal society, we all inhabit an equal space of personal and associative liberty in which to worship, blaspheme, or just fix our suppers. As Sullivan notes, forsaking religious freedom for an equality-based approach would not only “end discrimination against those who do not self-identify as religious or whose religion…

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

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…

Israel Votes to Limit Sheldon Adelson

By Sarah Posner

…imed at limiting the free distribution of Israel Hayom (Israel Today), the free newspaper owned by American casino magnate and Republican super-funder Sheldon Adelson. The same Sheldon Adelson who, at the inaugural meeting of the Israeli American Council in Washington on Sunday, said, “I don’t like journalism.” Haaretz’s Anshel Pfeffer explains the anti-Adelson bill that advanced today: The law, proposed by MK Eitan Cabel (Knesset) and sponsored b…

Challenge to ‘un-Africanness’ of homosexuality; LGBT Catholics in Africa face church cooperation with persecution; lesbian cartoon project debuts in bangladesh under shadow of violence; Global LGBT Recap

By Peter Montgomery

…ing Dhee, we want to shape perception of LGBT people, because we should be free to choose whom to love,” Mehnaz Khan, one of the four content developers of Project Dhee, told the AFP news agency. The project was launched on Sept. 05 at Dhaka’s British Council, under tight security to avoid any protestors. “We don’t want to be stuck inside boxes anymore. We want our mind to be free,” Bangladeshi social activist Khushi Kabir told Dhaka Tribune. The…

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

By Eric C. Miller

…ange understandings of marriage. Polygamy (nineteenth century Mormons) and free love (some groups of Perfectionists) were two dramatic attempts to change marriage that were based in religious and often explicitly biblical justifications. Religion can be a malleable tool in negotiating the meaning and significance of marriage in public life. The perceived connection between marriage and the future of the nation also has a long history. Commentators…

Supreme Court Conservatives Allow Execution of Muslim Prisoner Despite Religious Freedom Violation

By Andrew L. Seidel

…rnment, the First Amendment is important: “the Constitution’s guarantee of free exercise, cannot impose regulations that are hostile to the religious beliefs of affected citizens …. The Free Exercise Clause bars even ‘subtle departures from neutrality’ on matters of religion.” The Commission was not acting neutrally toward the bakery’s religion. Now, compare this to the short opinion that permitted the execution of Ray, a religious minority. Nothi…

Bachmann Weaves Own Salvation Story into Christian Nation Mythology

By Sarah Posner

…settling,” by knowing Jesus Christ “in his fullness” can someone be truly free, free in the way that Jesus intended when he “set captives free” by the founding of the country. It’s all wrong, of course, historically, constitutionally. But Bachmann found the precise sweet spot where testimony and Christian American exceptionalism mythology intersect. Bachmann took her speech even further, invoking the biblical story of Joshua and Caleb, who led a…

Corporations, Religious Conscience, Citizens United, and Contraception

By Sarah Posner

…urt. Judge Carol E. Jackson dismissed O’Brien’s claims under the Religious 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 i…

Grassley Staff Memo on Televangelists Makes Clear Religious Right Opposition to Government Oversight

By Sarah Posner

…t of the religious right which deems it an unconstitutional restriction on free speech and religious freedom. The rule, it’s true, is rarely enforced by the IRS, as the memo notes. But if it’s repealed, and churches are free from the possibility of an IRS investigation for endorsing candidates, churches would become even more politicized, and free to use their tax-exempt status to do so. UPDATE: Michael Batts, who has been appointed to lead the EC…

The Theological Hijacking of Religious “Freedom”

By Timothy K. Snyder

…law is being used to legislate a vision of freedom that defines religious freedom as “freedom from.” Unlike the early American Baptists, who faced serious persecution, these advocates seek to use the law to protect their vision of worship in the workplace as a purity ritual. It is a vision of religious expression free from interference in the form of difference, free from the conflicting demands of our common lives, and free from any obligation t…