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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…

The Fire Next Time: Tibetan Protests Spread

By Megan Sweas

…molated last year, says Tenzin Jigdal, program director for Students for a Free Tibet—India. Refugees born in Tibet cannot easily forget China’s repression, says Wangdue, 33, a “mountain boy” from Tibet with just one name. He hung out at his open-air clothing shop along the narrow path of Majnu Ka Tilla with Norbu Tsetam, 25, who was born in India. “He hears about Tibet, but he cannot see Tibet,” Wangdue says of his friend. “Sometimes I feel I’m a…

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

By Eric C. Miller

…imentation. During this time, for example, Oneida Perfectionists practiced free love (or communal marriage) and Mormons began practicing polygamy. They were certainly controversial during their time (both groups were run out of various communities), but there seemed to be cultural space for experiments in marriage, religion, and public identity. On the other hand, today’s marriage controversies are not only able to incorporate the powerful rhetori…

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…

Romney’s Christian Nation Conundrum

By Sarah Posner

…ndeed the Republican Party’s official position is that the balance between promoting free exercise of religion and prohibiting religious tests for office “has been distorted by judicial rulings which attempt to drive faith out of the public arena.” What would be an appropriate public expression of faith in the public square? In the Republican Party platform, public display of the Ten Commandments and student-led prayer in public schools, because i…

Oklahoma Bill Would Violate Basic Freedoms, Rewrite the Ten Commandments

By Andrew L. Seidel

…orship 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 condoning slavery and the treatment of women as chattel as it does so). Instead of spending time paring down what they claim is the holy word of their god to c…

Porn, Abuse, or Just Plain Incompatibility… Is Divorce Ever a Sin?

By Daniel Schultz

…partner on the basis of their own entirely self-selected reasons. They are free to conduct themselves in marriage precisely as they choose to do. They are free to initiate divorce if and when they choose and for whatever reason might seem compelling to them. In other words, a spouse has become a consumer product, to be bought, abandoned, or traded in for a new model at the will of the customer. I dunno. Like Gushee, I’ve married dozens of couples….

Might, Right, and White Privilege: It’s Morning in America, the Sequel

By Diane Winston

…might, right and white privilege. Reagan truly believed that his notion of freedom—democracy, free markets and religious liberty—was God’s plan for America. He also believed that America was God’s tool for spreading freedom worldwide. In the years following his presidency, his vision was enacted through domestic and foreign policy. Welfare reform, trade agreements, and the War on Terror may have seemed to further neoliberal or neoconservative aims…

Mad Men’s Matt Weiner, Warrior Against Woo

By Brook Wilensky-Lanford

…clichéd word turbulence, and free love, and things like that. But there’s free love in the 1920s; there’s free love in the 1930s; the beatnik movement in the 1950s. No one invented any of this. What was different in the 60s, according to Weiner, was that baby boomers were spoiled: plenty of education, money, entertainment; there was a war, but you could get out of it if you were lucky. This vision of unprecedented opportunity strikes me as fair;…

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…