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Take It Off, Or We’ll Make You: On Sarkozy’s Proposed Burqa Ban

By Shabana Mir

…When you step out in clothing that boldly states your womanhood, you are a free woman. You are no longer a slave to old rules and notions. Modernity is inherently free. Therefore, burqas, veils, and headscarves are now off-limits. Women who appear in public wearing such clothing may be fined, arrested, and/or imprisoned. They may be prevented from attending schools and colleges, and from going to work. (We may make allowances for shoppers, though,…

Kentucky-Fried Christianity: Governor Matt Bevin Wants to Pray Away Violence in Louisville

By Spencer Dew

…im of bad faith. The conflict over Bevin’s prayer initiative is a conflict between neoliberal, libertarian strands of American evangelicalism, where privilege is accorded to the individual— gifted with free will, deciding his or her own fate—and an American social gospel tradition heavily flavored by the Enlightenment rationality of the Founders, with attention to structures of power as both historically damaging and burdened by responsibilities,…

Court Rules in Favor of For-Profit Employer Seeking Exemption from Contraception Rule

By Sarah Posner

…Restoration Act, not on the plaintiffs’ claims under the First Amendment’s Free Exercise, Establishment, and Free Speech clauses. Under that standard, the court determined that the Newlands and Hercules would suffer a substantial burden on their free exercise of religion should they be required to provide contraception coverage under their self-insurance that that provide to the company’s employees, and that the government had not implemented the…

Obama Administration Gives Free Pass for Faith-Based Groups to Discriminate

By Sarah Posner

…the memo was “based on a far-fetched interpretation of the 1993 Religious Freedom Restoration Act.” In a 2010 letter, CARD charged that continued reliance on the 2007 OLC memo “threatens core civil rights and religious freedom protections” and that the administration’s vague case-by-case approach “raises the problem of religious selectivity and provides scant opportunity for transparency or accountability. Following this approach indefinitely whi…

What the Danish Cartoon Controversy Tells Us About Religion, the Secular, and the Limits of the Law

By Winnifred Fallers Sullivan

…in Europe and elsewhere have failed to internalize the democratic value of free speech. Jyllands-Posten, for its part, self-righteously claimed to be heroically rescuing free speech in the face of the fearful self-censorship practiced by Danish writers and artists with respect to criticism of Islam. The incident was portrayed as a clash between the liberal values of an open society and an anti-modern, authoritarian, and superstitious religion. In…

Are Kosher Delis Like Catholic Hospitals?

By Sarah Posner

…hypothetical and puts his finger on exactly how it distorts the interplay between the Free Exercise Clause and the Establishment Clause: The analogy to “forcing kosher delis to sell ham,” put forward by Bishop William Lori, exemplifies the way the problem is misunderstood. In America (unlike in Israel), people have the right to choose whether they want to sell ham and whether they want to consume it; neither option is proscribed. We all might agr…

Not All Choice is Free

By Louis A. Ruprecht

…seem overdrawn at first glance. There seems to be a fundamental difference between a citizen and/or organization withholding taxes for state services with which they do not wish to be identified, and a citizen and/or organization being asked to provide those services themselves. The problem is that this creates a false distinction between the state as an actor and people as actors. State services are, all of them, provided by organizations and by…

Will SCOTUS’s New Zeal for “Neutrality” Affect its Decision on the “Muslim Ban”?

By Elizabeth Reiner Platt

…ember of Colorado’s Civil Rights Commission it deemed hostile to religion: Freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the holocaust, whether it be—I mean, we—we can list hundreds of situations where freedom of religion has been used to justify discrimination. And to me it is one of the most despicable pieces of rhetoric that people can use to—to use…

On Religion, Abortion, and Politics: Dr. George Tiller’s Christian Ethics

By Ed Knudson

…and hatred by those who attacked him on a daily basis outside his clinic. Free From All, Free For All One of Luther’s most popular writings is his pamphlet called “The Freedom of a Christian,” in which he declares that a Christian is free from all earthly authority through the power of the gospel, which establishes a reconciled relationship with God—a quite subversive political orientation since it relativizes all earthly authority. At the same t…

$50 Billion Fundamentalist Free Fall

By Louis A. Ruprecht

In the latest news flash that has Wall Street reeling, Bernard Madoff, arguably the most dominant figure at the NASDAQ Exchange, was arrested on one count of Security Fraud by an FBI team investigating the affair. The Securities and Exchange Commission has launched its own investigation, and further charges seem inevitable. The numbers involved are staggering. His company’s value, estimated at some $50 billion is now, by his own admission, based…