July 2023 - Page 2 of 2 - LAW AND RELIGION FORUM

A couple of months ago, Marc and I recorded a Legal Spirits episode in which we disagreed a bit about our role as law professors. I think it’s fair to say that Marc believes more than I do that law professors have an obligation to inculcate moral virtues in our students–or at least address moral virtues in our teaching expressly, as occasion allows. By contrast, although I don’t think we should be blind to moral concerns, I view my role in the classroom more as teaching a professional skill. Moral critique is incidental; for character formation, my students will mostly have to look elsewhere (which is no doubt a good thing!). Marc and I each have our reasons, which we explain in the podcast, and anyway we differ only in degree.

A new collection of essays from Pepperdine University Press on the work of the late James Q. Wilson, Character and the Future of the American University, addresses the issue of character formation and university teaching. The editor is scholar James R. Wilburn (also of Pepperdine). Here is the description from the publisher’s website:

One of the most influential social scientists of the past century, James Q. Wilson was best known for his “broken windows” theory of crime. But Wilson considered the study of moral character to be his true life’s work. In Character and the Future of the American University, thirteen eminent thinkers examine the growing significance of Wilson’s seminal work, The Moral Sense, through lenses ranging from political science and public policy to the humanities, social sciences, and natural sciences.

Wilson believed that human beings’ innate moral sense holds profound promise for dispelling the darkness that threatens our democracy. Including essays by Wilson, his colleagues, and other distinguished scholars, this book expands on that idea, exploring how reintegrating discussions of morality and character into university curricula could help shape the next generation.

Today, America’s universities face historic challenges and critical decisions. The development of tomorrow’s public leadership—and the very survival of a free society—are at stake. Can a renewed emphasis on character offer the solution? More timely today than ever, Wilson’s thought-provoking message will challenge and inspire readers both inside and outside academia.

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

In 303 Creative LLC v. Elenis, the United States Supreme Court held 6-3 that the 1st Amendment’s free speech clause prohibit Colorado from requiring that a website designer create websites for same-sex weddings contrary to her religious beliefs.
In Groff v. DeJoy, a religious accommodation case under Title VII, a unanimous Supreme Court clarified that “undue hardship” exists where “‘a burden is substantial in the overall context of an employer’s business.'”
In Fox v. Washington, the 6th Circuit held that the Michigan Department of Corrections must recognize “Christian Identity” as a religion for purposes of the Michigan prison system.
In Goldstein v. Hochul, a federal court in New York refused to issue a preliminary injunction in a challenge to New York’s 2022 Concealed Carry Improvement Act, which bans carrying firearms in “any place of worship or religious observation.” The suit was filed by an Orthodox Jewish congregation, its president, and Jewish residents of New York who say that they have carried handguns for self-defense in synagogues.
In Doe v. Alpine School District, a federal court in Utah rejected claims by parents of a high school student that the school’s practice of giving students long periods of unsupervised time, during which the student had premarital sex with his girlfriend, violated their religious free exercise rights. The court found that although premarital sex is against the parents’ religious beliefs, the school did not coerce the student into violating the parents’ religious beliefs.
In Alulddin v. Alfartousi, an Arizona state appeals court held that civil courts can enforce an Islamic marriage contract’s dowry provision. The court found that in deciding the dowry provision was a valid premarital agreement, it did not violate the 1st Amendment’s free exercise clause.
In Foundation for the Advancement of Catholic Schools, Inc. v. The Most Reverend Leonard P. Blair, a Connecticut trial court held that “the constitutional bar on court jurisdiction over religious matters” required it to abstain from a suit over whether the Archbishop could appoint Board of Trustee members other than those recommended by the Governance Committee.