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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…

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…

Marriage Vote ‘Transforms’ Not-So-Catholic Ireland; Activist to Malaysian PM – ‘Love Is Not Terrorism’; LGBTs Find Growing Acceptance in Colombia, Not At World Meeting of Families; Global LGBT Recap

By Peter Montgomery

…is at the heart of both the arguments to allow gay marriage and those that promote the traditional definition of marriage,” he said. He also asked the Legislature to consider freedom of religion when moving forward with legislation to reflect the Supreme Court’s decision. South Africa: Call for inclusive sex education Advocates for sexuality education in South Africa are urging schools to move beyond the “when a boy loves a girl” narrative that is…

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…

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…

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…

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…

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…

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…