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Rubio Is Confused About Christianity, Marriage Equality, and the Constitution

By Sarah Posner

…xercise Clause protects religious practice and religious speech. Under the Free Speech Clause, the government cannot proscribe “hate speech” or even define it. Under the Establishment Clause, the government cannot endorse (or renounce) a particular religion. You can say gay people are intrinsically disordered. Or you can say they don’t have a constitutional right to get married. They can say you’re a homophobe. The government can’t stop any of you…

Aasif Mandvi on Islamophobia, Acting, and the Long Shadow of Jon Stewart

By Haroon Moghul

…actor, a writer, a comedian, in a lot of creative spaces. What’s the line between free speech and bigotry? Wow. What is the line between free speech and bigotry? Look, there’s always going to be free speech, and it’s a fundamental right. We are allowed to speak our minds. But bigotry will always exist—there will always be a certain amount of prejudice, and I don’t think you can eradicate that. What I wanted to do was address some of that prejudic…

A Bill Passes, Westboro Baptists Shrug

By Rebecca Barrett-Fox

…the two key issues at stake in its signing: First Amendment rights to the free exercise of religion and to free speech: I am very pleased to be signing this bill into law. The graves of our veterans are hallowed ground. And obviously we all defend our Constitution and the First Amendment and free speech, but we also believe that when men and women die in the service of their country and are laid to rest, it should be done with the utmost honor an…

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…

Why I’m Not An Organ Donor

By Kristel Clayville

…the United States, you need financial and social resources. The organs are free—they’ve been donated—but the surgery, follow up visits, and medications are not free. They’re quite expensive. The estimated cost for a transplant and 180 days of follow up and medications ranges from $414,000 (kidney) to $1.3 million (heart), a cost that has to be found either in your bank account or in the bank account of your insurance company in order to get an org…

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…

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

…hat African people would do, because they’re cursed. We still wouldn’t get free. There’s no freedom anywhere. And that it was God’s idea—it was not white people’s ide it was God’s idea that we be in that place. And there was a church in Welshneck, South Carolina that, when the Emancipation proclamation came and African people were freed, a group of them went to this church and wanted to become members of the church. Now of course they couldn’t si…

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…

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…