A Few Thoughts on the Nature of Substantial Burdens on Religious Exercise

I’ve put them down over at the Liberty Law blog. A bit:

Making any sense of the inquiry would require adopting some definitions. A burden on religious exercise is a weight on it—or, less, metaphorically, it is simply an interference with religious exercise. “Interfere” is the term used by the Religious Freedom Restoration Act in its “Congressional Findings and Declaration of Purpose”: “laws ‘neutral’ toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise.” Interference may be intentional or unintentional, but it is interference in either case. Interference might be compulsion to do or not do certain things, but it also includes any governmental act that would frustrate the claimant’s capacity to exercise his or her religion. A governmental act that interferes with the ability of a claimant to believe or practice his or her faith burdens it.

What about “substantiality”? Here, the text of another religious accommodation statute, the Religious Land Use and Institutionalized Persons Act of 2000, suggests an answer: The substantiality of the burden is to be measured against the “system of religious belief” of which the religious exercise at issue forms a part. A system is a group of interdependent items—in this case religious beliefs and practices—that together constitute a unified whole.

This is a small fragment of what will be two longer reflections on the subject: one in an on-line symposium of the Illinois Law Review and another in a player to be named later. More soon.

“The Future of Evangelicalism in America” (Brown & Silk, eds.)

In April, Columbia University Press released “The Future of Evangelicalism in America,” edited by Candy Gunther Brown (Indiana University) and Mark Silk (Trinity College).  The publisher’s description follows:

In The Future of Evangelicalism in America, thematic chapters on culture, spirituality,9780231176118theology, politics, and ethnicity reveal the sources of the movement’s dynamism, as
well as significant challenges confronting the rising generations. A collaboration among scholars of history, religious studies, theology, political science, and ethnic studies, the volume offers unique insight into a vibrant and sometimes controversial movement, the future of which is closely tied to the future of America.

Rist, “Popes and Jews, 1095-1291”

In March, the Oxford University Press released “Popes and Jews, 1095-1291,” by Rebecca Rist.  The publisher’s description follows:

In Popes and Jews, 1095-1291, Rebecca Rist explores the nature and scope of the relationship of the medieval papacy to the Jewish communities of western Europe. Rist 9780198717980analyses papal pronouncements in the context of the substantial and on-going social, political, and economic changes of the eleventh, twelfth, and thirteenth centuries, as well the characters and preoccupations of individual pontiffs and the development of Christian theology. She breaks new ground in exploring the other side of the story – Jewish perceptions of both individual popes and the papacy as an institution – through analysis of a wide range of contemporary Hebrew and Latin documents. The author engages with the works of recent scholars in the field of Christian-Jewish relations to examine the social and legal status of Jewish communities in light of the papacy’s authorisation of crusading, prohibitions against money lending, and condemnation of the Talmud, as well as increasing charges of ritual murder and host desecration, the growth of both Christian and Jewish polemical literature, and the advent of the Mendicant Orders.

Popes and Jews, 1095-1291 is an important addition to recent work on medieval Christian-Jewish relations. Furthermore, its subject matter – religious and cultural exchange between Jews and Christians during a period crucial for our understanding of the growth of the Western world, the rise of nation states, and the development of relations between East and West – makes it extremely relevant to today’s multi-cultural and multi-faith society.