Bridge on State Enactment of Religious Freedom Restoration Act Laws

Last week, Oxford Journal of Church and State posted for advanced access Religious Freedom or Libertarianism: What Explains State Enactments of Religious Freedom Restoration Act Laws? by Dave Bridge (Baylor University).  An extract of the piece follows.

In 2002, officer Rex Shrum submitted his letter of resignation to the Coweta, Oklahoma, police department. Also a Church of Christ minister, Shrum quit the force after twelve years when his superiors would no longer accommodate his need to have Sunday mornings off. Invoking the Oklahoma Religious Freedom Act, Shrum sued, claiming that the city officials had denied him his right to free exercise. The jury sided with the minister, awarding Shrum a total of $235, 000 for religious freedom claims. Even though the Supreme Court had already struck down the federal Religious Freedom Restoration Act (RFRA) in City of Boerne, Texas v. Flores, Shrum had brought suit under Oklahoma’s state-level Religious Freedom Act. This essay looks at state-level RFRAs and assesses their determinants. What factors are associated with states that pass RFRAs? More importantly, what do these factors tell us about (1) broader trends in American politics and (2) the RFRAs themselves?

State RFRAs are significant because they occupy a unique place in American public policy and ideology. At the policy level, they provide concrete laws for the execution of the loftier ideal of free exercise. RFRAs give citizens a clear foundation for making free exercise violation claims against the state. Even though the US Constitution and state constitutions may have language promoting free exercise, state RFRAs provide a strong indicator that their respective states will take steps to ensure religious freedom. Practically, they provide easier access to the courts for free exercise claimants and lay out a stricter standard for state action. The impact of Oklahoma’s law, for example, can be seen above, as Shrum used the Oklahoma RFRA to pursue his case.

Krishna-Hensel (ed.), “Religion, Education and Governance in the Middle East”

This month, Ashgate Publishing will publish Religion, Education and Governance in the Middle East: Between Tradition and Modernity edited by Sai Felicia Krishna-Hensel (Auburn University at Montgomery).  The publisher’s description follows.

The Middle East is a key geopolitical strategic region in the international system but its distinctive cultural and political divisions present a mosaic of states that do not lend themselves to simplistic interpretations. A thoughtful analysis of the Middle East requires an understanding of the synergism between tradition and modernity in the region as it adapts to a globalizing world. Religious education and activism continue to remain a significant factor in the modernization process and the development of modern governance in the states of the Middle East.

This interdisciplinary book explores the historical and contemporary role of religious tradition and education on political elites and governing agencies in several major states as well as generally in the region. The relationship between democracy and authority is examined to provide a better understanding of the complexity underlying the emergence of new power configurations. As the region continues to respond to the forces of change in the international system it remains an important and intriguing area for analysts.

Haupt on Comparative Law and Religion

I’m convinced that law and religion scholarship will increasingly be comparative. It’s easier than ever before to engage legal materials from other countries, and doing so often provides useful insights about one’s own legal culture. Columbia’s Claudia Haupt, who also writes in law and religion, agrees, but says that we need to think systematically about what qualitative, comparative scholarship in law and religion should look like. She has an interesting post  over at the I•CON blog, which mentions an upcoming meeting of comparativists at Columbia that will tackle the issue. Take a look.