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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…

Sanctuary and the Second Amendment: Do Guns Deserve Special Protection?

By Rosalind C. Hughes

…Indeed, the tradition of sacred spaces as gun-free (weapon-free, violence-free, force-free) zones makes the use of sanctuary language in recent “Second Amendment Sanctuary” legislation curious. The turn from the use of “sanctuary” from its origins in restricting vengeance, violent enforcement, and weaponry to the protection of gun-keeping within the sanctuary borders, while rhetorically brilliant, feels particularly cynical when research shows th…

As Far-Right Surges in US and Germany Debate Rages Over Disqualification of Those Who Would Destroy Democracy

By Annika Brockschmidt

…s.” According to section 2, parties that “seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional.” Section 3 excludes from state financing parties that “are oriented towards an undermining or abolition of the free democratic basic order or an endangerment of the existence of the Federal Republic of Germany.” Judgement as to the constitutionality of poli…

The Tebow Superbowl Ad: Offense, Defense, or Interference?

By Louis A. Ruprecht

…trage it did because it was perceived to be an act of sacrilege within the free-floating social sacred that is the Super Bowl. So long as the religion is non-sectarian, non-denominational, devoid of anything other than marketing content (and not too nude) it is free to be aired at the Super Bowl. That is one reason why the American viewing public seems prepared to stomach Super Bowl advertisements that offend any number of other ethical sensibilit…

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…

All the Belly-‘eich’-ing

By Sarah Posner

…l orientation in public accommodations, did not violate the photographer’s Free Speech or Free Exercise rights, nor did it violate the state’s Religious Freedom Restoration Act. The photographers sought review from the United States Supreme Court on one issue: whether the state human rights law violated their free speech rights. They did not seek review on the other questions. The New Mexico Supreme Court is the court of last resort on the questio…

White House Unveils Contraception Accommodation Plan [UPDATED]

By Sarah Posner

…who will pay for the coverage: The catch here is that there’s a difference between “revenue neutral” and “free.” By one report’s measure, it costs about $21.40 to add birth control, IUDs and other contraceptives to an insurance plan. Those costs may be offset by a reduction in pregnancies. But unless drug manufacturers decide to start handing out free contraceptives, the money to buy them will have to come from somewhere. Where will it come from,…