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Kagan: Establishment Clause Is “Hard”

By Sarah Posner

…s that there needs to be some “play in the joints.” There needs to be some freedom for government to act in this area without being subject to a claim from the other side – some freedom for government to make religious accommodations without being subject to Establishment Clause challenges, and some freedom on government’s part to enforce the values of the Establishment Clause without being subject to Free Exercise claims. That’s not to say how an…

Liberals Enabled Bishops in Contraception Battle

By Sarah Posner

…th states held that there was no violation of the First Amendment right to free exercise of religion. That’s because the law doesn’t “substantially burden” anyone’s religious practice and is one of general applicability that was not targeted at infringing a particular religious practice. To permit religious beliefs to “excuse compliance with otherwise valid laws regulating matters the state is free to regulate,” would, the California Supreme Cour…

Florida Governor Signs Law Defending Educators’ Right to Witness

By Lauri Lebo

…events.” In January 2009, principal Frank Lay and athletic director Robert Freeman were accused of violating the consent decree when “Lay asked Freeman to offer a prayer of blessing during a school-day luncheon for the dedication of a new field house at Pace High School. “Freeman complied with the request and offered the prayer at the event. It appears this was a school-sponsored event attended by students, faculty and community members.” In respo…

Is Alcoholics Anonymous a Religion?

By Galen Watts

…d back in 2014, defended itself by invoking section 18 of the Human Rights code, which allows a religious group to restrict participation to the faithful. So while AA presents itself to the public as a “spiritual” program, distinguishing itself from “religious” groups, it nevertheless claimed “religious” legal status in order to protect itself. Although the definition of “religion” is generally assumed in common parlance, it is not in any sense ea…

Why White Women Are Leading Defenders of Kavanaugh

By Sikivu Hutchinson

…ral character. Even respectable white women like Ford must comply with the code of silence protecting toxic masculinity. The demonization of Ford by the right is yet another indication of how low the GOP faithful are willing to go to gut human and civil rights. As ReproAction Network has noted, Kavanaugh’s repugnant record on women’s rights puts him in lockstep with Supreme Court Justice Clarence Thomas. His well-documented, insidious appellate co…

The Religious Origins of Fake News and ‘Alternative Facts’

By Christopher Douglas

…tor of fake news and alternative facts. And the way fake news tends to get better reception among conservatives than liberals, even by a two-to-one margin, has also been recognized. (When one fake news creator was interviewed, he explained, “We’ve tried to do similar things to liberals. It just has never worked, it never takes off. You’ll get debunked within the first two comments, and then the whole thing just kind of fizzles out.”) What is it ab…

Religious Freedom Battle Is Far From Over: Here’s What to Look for in 2019

By Patrick Hornbeck

…ination, has only a thin and ambiguous record on cases involving religious freedom—will come out. And only time will reveal whether the rhetoric of religious freedom will remain a rallying cry on the right, or become one on the left. Already reports are suggesting that some moderate evangelical groups are preparing to follow in the footsteps of the Mormon church by supporting LGBTQ nondiscrimination laws in return for rigorous religious freedom pr…

Mormon ‘Humorist’ Robert Kirby Is Butt of His Own Dirty Joke

By Holly Welker

…e that’s how he wants to treat her. This isn’t a hypothetical: it happened between Salt Lake Tribune humorist Robert Kirby and Mormon blogger C. Jane Kendrick (aka Courtney Clark Kendrick) at the Sunstone Symposium in July. In response to Kirby’s column this week criticizing McKenna Denson, who is suing The Church of Jesus Christ of Latter-day Saints over its role in an alleged attempted rape by a high-ranking church official, Kendrick posted on F…

Gay Men Detained and Killed in Chechnya, and More in the Global LGBT Recap

By Peter Montgomery

…red to marriage.’ Fidelsberger argues the civil partnership law is the far better one, because it is written in modern language. But, more importantly, she says it does better than the antiquated and often-amended marriage laws when it comes to fulfilling the demands of a modern relationship where both partners have equal rights. ‘Because of this we don’t want to swap civil partnerships for marriage in its current form,’ she said. ‘It would be dow…

Is Religion the Only Tool Left for Legal Discrimination?

By Sunnivie Brydum

…tions for LGBT people vary so widely by state, city, and locality, whereas freedom of religion (notably not “religious freedom”) is a core value enshrined in the Constitution, it’s safe to assume that those who believe their “traditional values” are under assault will continue to use every weapon at their disposal in an effort to fend off the inevitable. It remains to be seen how successful the American right wing’s understanding of “religious fre…