Posted on by L&R Forum

Around the Web

Here are some important law-and-religion news stories from around the web:

  • The U.S. Supreme Court has denied review in Resurrection School v. Hertel. In the case, an en banc panel of the Sixth Circuit held by a vote of 13-1-3 that a free exercise challenge to Michigan’s COVID mask mandate for school children is moot.
  • In United States v. Dickey, the Seventh Circuit upheld a trial court’s refusal to give jury instructions sought by a criminal defendant who was the leader of her own church, Deliverance Tabernacle Ministry, and who was convicted of wire fraud and forced labor. The court held that Dickey’s proposed jury instructions failed because they were not an accurate statement of the law and would have excused her criminal conduct based on her religious assertions. 
  • In Tatel v. Mt. Lebanon School District, a Pennsylvania federal district court allowed parents of first graders to move ahead with their due process, equal protection, and free exercise claims against a teacher who taught their students about transgender topics over parental objections. The court also allowed plaintiffs to move forward against school administrators, the school board, and the school district. 
  • In JLF v. Tennessee State Board of Education, Plaintiff asked a Tennessee federal district court to reconsider its prior holding that the display of the national motto “In God We Trust” in a public charter school did not violate the Establishment Clause. Plaintiff argued that the U.S. Supreme Court’s holding in Kennedy v. Bremerton School District, which rejected the Lemon test and adopted the Historical Practice test for Establishment Clause cases, constitutes an intervening change in controlling law. However, the court denied Plaintiff’s motion to reconsider as Kennedy did not affect the court’s previous ruling, and the court did not rely on the Lemon test to reject Plaintiff’s Establishment Clause claim.
  • In Chambers of Commerce of the USA v. Bartolemo, various business organizations filed suit in a Connecticut federal district court challenging on free speech grounds a Connecticut statute that protects employees from being made into captive audiences. The statute imposes liability on employers that discipline employees who refuse to attend employer-sponsored meetings or listen to employer communications whose primary purpose is to express the employer’s views on religious or political matters. 
  • In Billy Graham Evangelistic Association v. Scottish Event Campus Limited, a trial court in Scotland concluded that a large arena in Scotland whose majority owner is the city of Glasgow violated the Equality Act when it canceled an appearance by evangelist Franklin Graham because of concern that he might make homophobic and Islamophobic comments during his appearance. The court awarded Graham’s organization damages equivalent to $112,000 USD.  
Posted on by Mark Movsesian

“Roma Traversata”

This might seem a little far afield for us, but the Center regularly sponsors conferences in Rome and Marc and I are there a lot for our work. One of the great pleasures of Rome is wandering through its streets. It’s such a dense city, and practically every corner has an interesting history. A new book out this month from Cornell University Press looks like it will be a welcome addition to the literature on the city. And the book’s focus on how a great city grows organically over centuries is very much in keeping with our Tradition Project. The book is Roma Traversata: Tracing Historic Pathways through Rome, by scholar Allan Ceen (Penn State). Here’s the publisher’s description:

Roma Traversata analyzes pathways to decipher the complexity of Rome’s urban layout. Nearly all of the prehistoric country paths converging on what was to become the Roman Forum (the ancient city center) are still traceable in the modern city. To these were added other major streets in ancient times. Additional Medieval and Renaissance streets developed the city further as its center shifted from the Forum toward the Vatican. Some of these provided the framework for Rome’s late 19th century urban development.

Ceen follows nine routes: three prehistoric, three ancient, and three post-classical pathways through the city, showing us that streets are not merely the space left over between buildings but have a formal character of their own and even determine certain aspects of buildings. Rather than insisting upon the greater importance of streets over buildings, Ceen studies the interactions between buildings and public space, something he describes as urban reciprocity.

Profusely and beautifully illustrated, Roma Traversata shows that streets and pathways of Rome are not merely ways of getting from place to place. They are places.