November 26, 2018 - LAW AND RELIGION FORUM

I’ve posted a new article on SSRN, “Masterpiece Cakeshop and the Future of Religious Freedom.” The article, which will appear in the current volume of the Harvard Journal of Law and Public Policy, uses last term’s decision in Masterpiece Cakeshop as a vehicle for exploring deep trends in American culture, politics, and religion. Here’s the abstract:

Last term, the Supreme Court decided Masterpiece Cakeshop, one of several recent cases in which religious believers have sought to avoid the application of public accommodations laws that ban discrimination on the basis of sexual orientation. The Court’s decision was a narrow one that turned on unique facts and did relatively little to resolve the conflict between anti-discrimination laws and religious freedom. Yet Masterpiece Cakeshop is significant, because it reflects broad cultural and political trends that drive that conflict and shape its resolution: a deepening religious polarization between the Nones and the Traditionally Religious; an expanding conception of equality that treats social distinctions—especially religious distinctions—as illegitimate; and a growing administrative state that enforces that conception of equality in all aspects of our common life. This article explores those trends and offers three predictions for the future: conflicts like Masterpiece Cakeshop will grow more frequent and harder to resolve; the law of religious freedom will remain unsettled and deeply contested; and the judicial confirmation wars will grow even more bitter and partisan than they already have.

You can download the paper here.

Some of the most interesting new Catholic leaders and intellectual voices come from what is crudely described as “the global South,” to include the continent of Africa. To give only one example, the Guinean-born Robert Cardinal Sarah is a brilliant and insightful thinker and leader of the Church.

Here is a new book that describes the rise of the African Church in the colonial and post African -colonial period, African Catholic: Decolonization and the Transformation of the Church (HUP) by Elizabeth A. Foster.

African Catholic examines how French imperialists and the Africans they ruled imagined the religious future of French sub-Saharan Africa in the years just before and after decolonization. The story encompasses the political transition to independence, Catholic contributions to black intellectual currents, and efforts to alter the church hierarchy to create an authentically “African” church.

Elizabeth Foster recreates a Franco-African world forged by conquest, colonization, missions, and conversions—one that still exists today. We meet missionaries in Africa and their superiors in France, African Catholic students abroad destined to become leaders in their home countries, African Catholic intellectuals and young clergymen, along with French and African lay activists. All of these men and women were preoccupied with the future of France’s colonies, the place of Catholicism in a postcolonial Africa, and the struggle over their personal loyalties to the Vatican, France, and the new African states.

Having served as the nuncio to France and the Vatican’s liaison to UNESCO in the 1950s, Pope John XXIII understood as few others did the central questions that arose in the postwar Franco-African Catholic world. Was the church truly universal? Was Catholicism a conservative pillar of order or a force to liberate subjugated and exploited peoples? Could the church change with the times? He was thinking of Africa on the eve of Vatican II, declaring in a radio address shortly before the council opened, “Vis-à-vis the underdeveloped countries, the church presents itself as it is and as it wants to be: the church of all.”