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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…

Why Don’t White People Show Up For Juneteenth The Way They Showed Up For George Floyd?

By A. E. Brooks-Key

…slaughtered sons, daughters (and vice versa). It’s Black folks celebrating freedom… or at least being “free-ish.” That, I believe, is at the root of the Juneteenth conundrum; the difficulty of seeing and accepting Black Joy, not Black Excellence, not Black Girl Magic, or any other formulation of Blackness that requires Black folks to exhibit superhuman levels of suffering or perseverance in the face of oppression. Simply the human emotion of joy….

In Order to Move Forward We Must Believe the Unbelievable: Some Choose Death Over Democracy

By John Stoehr

…he said recently, “My people are happy, and they’re happy, because they’re free.” Our heritage is rife with heroes choosing death over tyranny. “Live free or die,” for instance. See also: “Don’t tread on me.” But nowhere is there a hero choosing death over democracy. We must reconsider the credit we give. In places like South Dakota, individual liberty is being perverted in the interest of the group, of the tribe, of the collective, so that indivi…

Shari’ah (Panic) Threatens the Constitution

By Sarah Posner

…United States Capitol with his band of fear-stoking propagandists. Gaffney is right. The Constitution is under attack. The panic that the Constitution is so weak that it would collapse under the weight of a few contracts providing for alternative dispute resolution, or wither from upholding the Free Exercise clause for Muslims or conducting criminal trials in accordance with it, has actually caused a mortal threat to the Constitution and the free…

Image of Hubert Aiwanger, Bavaria's deputy premier speaking at a podium.

Holocaust Humor and The ‘Real’ Germany — As Top Officials Shatter Post-WWII Taboos, German Conservatives Follow GOP Playbook and Charge Ahead

By Annika Brockschmidt

…e massively and to destroy me politically. This was intended to weaken the Free Voters and steer votes to other parties,” he says in an interview with the conservative newspaper Die Welt. He also describes the reporting as “bumbling and a bottomless meanness,” and reinforced the message via Twitter, writing, “Smear campaigns backfire in the end. #Aiwanger.” [sic] Unfathomably, he seems to be right about one thing: the allegations, reported and fac…

Trump’s DOJ Wants Constitutional Protection for Wedding Cakes, Not LGBT People

By Sunnivie Brydum

…tened judicial scrutiny because they may constitute an undue imposition on freedom of expression. Anthony Kreis, an attorney and visiting assistant professor at Chicago-Kent College of Law who specializes in “religious freedom” and civil rights, told RD that the DOJ’s brief is par for the course of an administration that started its tenure by rescinding Title IX protections for transgender students, then went on to claim that federal laws against…

Arcade Fire and the Suburban Soul

By Paul Harvey

…me from dancing with the one I love but my mind holds the key set my body free, set my spirit free… And a symphonic explosion of sound highlights the climax to “Intervention”: Been working for the church while your life falls apart been singing hallelujah with the fear in your heart The Wilderness Downtown When Neon Bible was released in 2007, lead vocalist and songwriter Win Butler, who has spoken about his Mormon upbringing and religious influe…

Books Must be Hardbound, Quotes Whole, and Genitalia Scrubbed

By Joseph Laycock

…genitalia, they were told that any parody of religious art is offensive and cannot be displayed. The SBAS stall was then removed entirely from a student fair. Publically mocking religious truth claims probably isn’t very productive, and not all government institutions must be “religion-free zones.” But in a democratic society, the same rules must apply to everyone. These cases point to a pattern of de facto censorship of atheism. The good news is…

Secure Borders? Not a Chance, Senator

By Ira Chernus

…own spiritual/cultural values. Liberals see porous borders as a symbol of freedom: free movement, free choice, and the free creativity generated by the intermingling of peoples. To conservatives, the very presence of so many Illegal “aliens” proves that the borders they once imagined as the key to a safe, orderly life have long been crumbling around them. To give undocumented people legal status would be further proof that the nation’s walls and…

This is not a Religion Column: Biblical Capitalism

By Jeff Sharlet

…ion to what we hope will merely be our greatest recession, the doctrine of free market fundamentalism remains the alpha and the omega of American conservatism. That doesn’t prevent Christian conservatives from favoring government subsidies for the rich; they simply reframe it as God’s will, recruiting the creator as a crony. Biblical capitalism isn’t, ultimately, a supply-and-demand religion. Between business conservatism’s love of laissez-faire a…