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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…

Gay Black Church: An Interview with Bishop Yvette Flunder

By Lisa Webster

…gh to get funding. Is that because there’s a blanket assumption that the African-American church is not friendly to LGBT issues? Well the best way to say it to you is first of all, well, who am I? I’m an African-American person of faith. And same-gender loving. And I’m not really unique. It’s just that folks are not talking to folks like me. I have to make my way to folks to get them to hear. And the other thing I can say to you—take someone like…

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…

The Fire Next Time: Tibetan Protests Spread

By Megan Sweas

…of the city’s Tibetan refugee settlement, personalizing the struggle for Tibet’s freedom. “If I’m not doing anything, I shouldn’t call myself a Tibetan,” the young people told Raha. While uprisings in Tibet in the late 1980s inspired international solidarity movements among young Westerners, recent protests inside Tibet have galvanized a new generation of activists within the refugee community [See here for RD’s previous coverage]. The young refug…

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…

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

By Eric C. Miller

…mited success because marriage and religion are deeply connected in the American imaginary. The alternative, then, is to control the rhetoric of religion, making marriage activism consistent with American religious norms. I’m not attempting to suggest that changing marriage simply requires an appeal to religion. It can be very difficult to argumentatively engage with moral and ethical claims because they often function as a basic premise to an arg…

Orthodox Church’s Authoritarian Anti-LGBTQ Statement Poses Serious Threat to Academic Freedom

By Sarah Riccardi-Swartz

…he OCA, the Synod of Bishops have the authority to restrict their right to free academic speech and thought. Academic freedom, which was arguably founded in Medieval Christianity, has always been subject to institutional affiliation. But the OCA document doesn’t specify who might be at risk. Does it pertain to OCA lay members employed at institutions and/or writing academic articles for publications unaffiliated with the OCA? There is (or at least…

Taking It to the Streets: Anonymous vs. Scientology

By Gabriel Mckee

…of Web sites and YouTube clips tend to present the group as a guardian of free speech standing off against a litigious juggernaut that thrives on prior restraint. The group’s first free-speech martyr is a 15-year-old London boy known as “Epic Nose Guy” to whom police issued a summons for displaying a sign declaring the group “a dangerous cult” at a protest on May 10. (The charges were later dropped.) The real picture is more complex, however. The…

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…

Oklahoma Bill Would Violate Basic Freedoms, Rewrite the Ten Commandments

By Andrew L. Seidel

…ld be a law—can tell an American to worship a god, let alone which god. Americans are free to be godless (as a growing number are), or, if they wish, to worship every god from every holy book. Olsen’s commandments would prohibit free expression and art by outlawing the creation of graven images; prohibit free speech by making it illegal to take the Lord’s name in vain; and, per the tenth commandment, it would criminalize thought (potentially condo…