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Why Hobby Lobby is a Pandora’s Box: Ginsburg v. Alito

By Julie Ingersoll

…why. This was not a First Amendment case. It was filed under the Religious Freedom Restoration Act (RFRA). Understanding this will require a little legal history but I promise to keep it brief. Prior to 1990 The Court ruled on First Amendment Free Exercise claims with a test known as the Sherbert Test. Constitutional rights are not absolute (think laws against human sacrifice). Essentially an infringement on Free Exercise was permitted if: 1) ther…

What To Do When Fred Phelps Arrives in Your Neighborhood

By Susan Henking

…picketing in my imagination allows those of us who favor free speech (even free horrifying speech—remember Skokie and the Nazis) to express our outrage without giving up our commitment to free speech and, indeed, to express our outrage without being as offensive as those we find despicable. Not to mention avoiding the violence. And, of course, fantasy picketing gets around the many ways our culture has come to limit dissent in recent years: from W…

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…

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….

There is No Religious Freedom: A Lesson from a ‘Pastafarian’ Stunt

By Austin Dacey

…to flourish.” The religious are free, but not because they enjoy religious freedom. They are free insofar as all are free. In a liberal society, we all inhabit an equal space of personal and associative liberty in which to worship, blaspheme, or just fix our suppers. As Sullivan notes, forsaking religious freedom for an equality-based approach would not only “end discrimination against those who do not self-identify as religious or whose religion…

In Vitro v. Dignitas Personae: Teacher Fired for Fertility Treatment Sues Diocese

By Sarah Morice-Brubaker

…ht in any principle external to man, or superior to him, but simply in the free will of individuals; that the authority in the State comes from the people only; and that, just as every man’s individual reason is his only rule of life, so the collective reason of the community should be the supreme guide in the management of all public affairs. In Libertas, freedom—like genitals and sperm and eggs—is “ordered” to something by God. It’s not just a p…

Bachmann Weaves Own Salvation Story into Christian Nation Mythology

By Sarah Posner

…settling,” by knowing Jesus Christ “in his fullness” can someone be truly free, free in the way that Jesus intended when he “set captives free” by the founding of the country. It’s all wrong, of course, historically, constitutionally. But Bachmann found the precise sweet spot where testimony and Christian American exceptionalism mythology intersect. Bachmann took her speech even further, invoking the biblical story of Joshua and Caleb, who led a…

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…

How America’s Charismatic Christianity Helped Fuel the Fantasyland Presidency of Donald Trump

By Eric C. Miller

…, but there was certainly a great amount of freedom—and not just religious freedom. There was freedom to sell anything you want, to buy anything you want, to be anything you want, to believe anything you want, and to create any kind of religion you want. You may be persecuted for that, as the Mormons were, but if you’re willing to take on that risk, go nuts! So, yes—because we could, we did. That’s part of it. But I’m skeptical that this fully exp…

Corporations, Religious Conscience, Citizens United, and Contraception

By Sarah Posner

…urt. Judge Carol E. Jackson dismissed O’Brien’s claims under the Religious Freedom Restoration Act, and the Free Exercise, Establishment, and Free Speech Clausees of the First Amendment. On the RFRA claim—one that conservative opponents of the HHS rule have portrayed as more or less open and shut—the judge ruled that the coverage requirement does not “substantially burden” (the relevant legal standard) O’Brien’s religious practice: Frank O’Brien i…