Posted on by Mark Movsesian

Cochran on Christian Lawyers

The New Testament sometimes seems a bit conflicted on the relationship of Christians and the civil law. To give just two examples: in one of his letters, Paul admonishes Christians who would sue one another in the civil courts: much better to resolve such disputes within the church community itself, he says. On the other hand, the Book of Acts records that Paul had no problem asserting his legal rights as a Roman citizen, including his right to appeal his cause to the Emperor. Fast forward to today, and Christian lawyers will sometimes–often?–find that the practice of law conflicts with some of their religious commitments. (I’m sure that’s not a situation limited to Christians). A new book by Robert Cochran, an emeritus professor at Pepperdine Law, discusses some of the challenges, and opportunities, that law practice creates for Christians: The Servant Lawyer: Facing the Challenges of Christian Faith in Everyday Law Practice. The publisher is InterVarsity Press Academic. Here’s the publisher’s description:

Most lawyers, from Wall Street to the county seat, spend their days drafting documents, negotiating with other attorneys, trying cases, researching the law, and counseling clients. How does this everyday law practice relate to Jesus’ call to follow him in servanthood?

With decades of experience in the law office, courtroom, and classroom, Robert F. Cochran Jr. explores Jesus’ call on lawyers to serve both individual clients and the common good. Cochran pulls back the curtain with stories from his own career and from the legal community to address a wide range of challenges posed by law practice, including counseling clients, planning trial tactics, navigating tensions with coworkers, and handling temptations toward cynicism and greed. This honest and accessible book

  • shares wisdom from an experienced practitioner and master teacher
  • addresses real-world situations and relationships experienced by most lawyers
  • charts the way toward a truly Christian practice of everyday law

For students considering a career in law as well as for seasoned attorneys, The Servant Lawyer casts an encouraging vision for how lawyers can love and serve their neighbor in every facet of their work.

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Around the Web

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

  • The Supreme Court of the United States denied certiorari in Missouri Department of Corrections v. Finney, a case in which a Missouri state appellate court upheld a trial court’s striking of three potential jurors who were disqualified because of their religious belief that homosexuality is a sin. The underlying suit against the Department of Corrections involved sex discrimination and hostile work environment claims by a lesbian employee.
  •  In United States v. Rourke, the 9th Circuit held that it was “plain error” for a district court to impose a condition to a defendant’s supervised release that the defendant live at and participate in a 12-step rehabilitation program, which asks the participant to call on a spiritual power to overcome addiction problems. The court found that without a non-religious alternative, the supervised release violates the Establishment Clause.
  • In Prodan v. Legacy Health, a federal district court in Oregon found that two former health care workers who challenged their employer’s denial of a request for a religious exemption from a Covid vaccine requirement made out a prima facie case of religious discrimination in the workplace under Title VII.
  • In Annunciation House, Inc. v. Paxton, a Catholic agency serving migrants and refugees in Texas filed suit against the Texas Attorney General, arguing that his demand for certain records violated the agency’s religious freedom. A Texas state court granted a TRO barring the Attorney General from examining the records.
  • In Tennessee, Governor Bill Lee signed a bill which says, in relevant part, “[a] person shall not be required to solemnize a marriage.” The original bill would have allowed refusals by those who objected to the solemnization on religious belief.
  • The Utah legislature passed a bill that prohibits the government from imposing substantial burdens on the free exercise of religion unless it can show that it had a compelling interest to do so, and it used the least restrictive means to further that interest.
Posted on by Mark Movsesian

A New Book on Coptic Culture

The Coptic Orthodox Church, the indigenous church of Egypt and one of the very earliest Christian communions in the world, has endured more than its share of persecution during its long history, from the time of the Emperor Diocletian until the present day. Yet the Copts remain the largest Christian church in the Middle East and North Africa, and a growing Coptic diaspora exists here in the United States. A new book from the American University of Cairo Press, Coptic Culture and Community: Daily Lives, Changing Times, explores the evolution of Coptic culture from late antiquity until today. The editor is Maria Ayad (American University of Cairo). Here is the publisher’s description:

This volume brings together leading experts from a range of disciplines to examine aspects of the daily lived experiences of Egypt’s Coptic Christian minority from late Antiquity to the present. In doing so, it serves as a supplement and a corrective to institutional or theological narratives, which are generally rooted in studying the wielders of historical power and control.

Coptic Culture and Community reveals the humanity of the Coptic tradition, giving granular depth to how Copts have lived their lives through and because of their faith for two thousand years. The first three sections consider in turn the breadth of the daily life approach, perspectives on poverty and power in a variety of different contexts, and matters of identity and persecution. The final section reflects on the global Coptic diaspora, bringing themes studied for the early Coptic Church into dialog with Coptic experiences today. These broad categories help to link fundamental questions of socio-religious history with unique aspects of Coptic culture and its vibrant communities of individuals.

Posted on by L&R Forum

Around the Web

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

  • In U.S. Navy SEALs 1-26 v. Austin, a Texas federal district court found the repeal of the military’s COVID vaccine mandate only partially addressed a lawsuit by Navy SEALs denied religious accommodations. The SEALs argue the mandate exposed flaws in the Navy’s religious accommodation process, including delays and discriminatory practices, which remain unaddressed. The court noted ongoing issues such as indefinite request delays, lack of individual assessments, and coercive tactics against servicemembers seeking accommodations.
  • Members of the U.S. House Freethought Caucus criticized the invitation of Pastor Jack Hibbs to deliver an opening prayer in the House, labeling him a radical Christian Nationalist linked to the January 6th insurrection. They expressed concern over his history of controversial remarks towards non-Christians, immigrants, and the LGBTQ community, questioning the appropriateness of his role as Guest Chaplain.
  • The European Court of Human Rights ruled that Belgium’s elimination of exemptions for ritual slaughter without stunning, affecting Halal and Kosher practices, did not violate religious freedom or discrimination protections under the European Convention on Human Rights. The Court recognized animal welfare as a legitimate aim under the concept of public morals, emphasizing the evolving nature of societal values towards the ethical treatment of animals.
  • The British Columbia Supreme Court denied the Matsuri Foundation of Canada, a Shinto organization, a property tax exemption for Knapp Island, sought as a “place of public worship” under the Taxation (Rural Area) Act. The court found that the island’s worship use was private, lacking public access and invitation, and rejected Matsuri’s equity-based exemption argument for Knapp Island compared to other British Columbia properties.
  • The Church of England faces scrutiny over claims that it has unwittingly aided Muslim migrants in seeking asylum by converting to Christianity, motivated by the prospect of persecution claims. Bishop Guli Francis-Dehqani acknowledged the difficulty in discerning genuine conversions, highlighting a small number of abuses. The Church defends its actions, emphasizing its biblical duty to care for strangers, while stating that assessing asylum claims is the government’s responsibility.
  • Greece became the first Christian Orthodox country to legalize same-sex marriage, following a Parliamentary vote of 176-76, led by Prime Minister Kyriakos Mitsotakis. The legislation, however, restricts same-sex couples from surrogacy rights, sparking criticism from LGBT groups. The Orthodox Church had opposed the legislation for different reasons and threatened supporters with excommunication.
Posted on by Mark Movsesian

Spring 2024 Reading Group: Shakespeare’s “Measure for Measure”

I’m happy to announce the subject for this semester’s meeting of our Center’s Reading Group on Law and Religion: Shakespeare’s Measure for Measure. First performed 400 years ago, the play still has the capacity to shock. The questions it poses about political corruption, sexual harassment, and the relationship between law and religion remain relevant today, and the answers are just as elusive.

Please join us on March 26 to discuss this most problematic of Shakespeare’s “problem plays.” As always, we will provide copies of the book ahead of time, so registration is essential. Details are here.

Posted on by Mark Movsesian

A New Biography of Justinian

Here in the United States, a common law jurisdiction, it’s possible to get through law school without ever hearing of Justinian. But in civil law jurisdictions, which derive much more closely from Roman law, the Code of Justinian remains influential. For historians of church and state in both traditions, common and civil law, the Code is an important text, an example of the relationship between church and state in the Byzantine Empire–a relationship that is sometimes criticized as “Caesaropapist,” though that oversimplifies things. Last fall, Basic Books released a new biography of Justinian by historian Peter Sarris (Cambridge): Justinian: Emperor, Soldier, Saint. The book addresses the Code as well as the emperor’s many other projects. Here’s the publisher’s description:

Justinian is a radical reassessment of an emperor and his times. In the sixth century CE, the emperor Justinian presided over nearly four decades of remarkable change, in an era of geopolitical threats, climate change, and plague. From the eastern Roman—or Byzantine—capital of Constantinople, Justinian’s armies reconquered lost territory in Africa, Italy, and Spain. But these military exploits, historian Peter Sarris shows, were just one part of a larger program of imperial renewal. From his dramatic overhaul of Roman law, to his lavish building projects, to his fierce persecution of dissenters from Orthodox Christianity, Justinian’s vigorous statecraft—and his energetic efforts at self-glorification—not only set the course of Byzantium but also laid the foundations for the world of the Middle Ages.  
 
Even as Justinian sought to recapture Rome’s past greatness, he paved the way for what would follow.  

Posted on by Mark Movsesian

Movsesian at Princeton Tomorrow

I’m looking forward to participating tomorrow in a film screening and panel discussion on the history of religious freedom in America at the James Madison Program at Princeton. Details above. Friends of the Forum, stop by and say hello!

Posted on by L&R Forum

Around the Web

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

  • In Long v. Sugai, the 9th Circuit ruled that a Hawaii prison sergeant potentially violated an inmate’s free exercise rights by delivering Ramadan meals four hours before sundown, leading to inedible and possibly unsafe food. The court emphasized that the timing of meal delivery significantly burdened the inmate’s religious practices and instructed the district court to evaluate whether this burden was justified.
  • In Landor v. Louisiana Department of Corrections and Public Safety, the 5th Circuit denied an en banc rehearing of a case for damages from prison officials who shaved a Rastafarian prisoner’s head. The court said that even though the prison officials knowingly violated his rights, the question of whether the plaintiff can sue for damages under the Religious Land Use and Institutionalized Persons Act is one for the Supreme Court.
  • In Bridges v. Prince Georges County, Maryland, a federal district court declined summary judgment in a suit brought by a Muslim chaplain alleging First Amendment violations due to a “Statement of Applicant’s Christian Faith” in a prison job application. The court found the statement could be seen as a religious test, but disputes over its optional nature and impact on the plaintiff’s religious expression prevented summary judgment for either side.
  • In The Satanic Temple v. Labrador, a federal district court dismissed a case by The Satanic Temple challenging Idaho’s Defense of Life Act. The Satanic Temple argued it violated their religious right to conduct ritualistic ceremonial abortions and now plans to appeal the decision to the Ninth Circuit.
  • The Roman Catholic Archbishop of Montreal is challenging a Quebec law requiring  all palliative care homes to offer medical assistance in dying, arguing it violates religious freedom. The Archbishop asserts that a palliative care home associated with the Catholic Church should not be obligated to administer euthanasia, emphasizing the importance of respecting freedom of conscience.
  •  In Miller v. University of Bristol, a British Employment Tribunal ruled that a Professor’s anti-Zionist views qualified as a protected philosophical belief under the Equality Act 2010. However, the University issued a press release stating that the professor’s employment was terminated because his comments did not meet their behavioral standards.
Posted on by Mark Movsesian

Boersma on Socrates and Aristotle

This week’s book isn’t exactly about law and religion, but we’re going to give ourselves a little leeway. Next month, SUNY Press will release a new book by one of our former student fellows, John Boersma, who has gone on to an academic career in political theory: Aristotle’s Quarrel with Socrates: Friendship in Political Thought. John, who’s currently a visiting associate professor at Christendom College, argues that Aristotle’s understanding of friendship offers a way to bridge the gap between philosophy and politics–which, come to think of it, sounds relevant to debates about the tension between religion, understood as a private pursuit, and public life. So perhaps John’s book is relevant to law-and-religion after all. Congrats, John! Here’s the publisher’s description:

Aristotle’s Quarrel with Socrates is an account of the role friendship plays in ancient political thought. Examining Platonic dialogues and Aristotle’s ethical and political treatises, John Boersma makes the case that the different stances Aristotle and Socrates take toward politics can be traced to their divergent accounts of friendship. Aristotle’s Quarrel with Socrates brings to the fore the tension that exists between the philosophic life as exemplified by Socrates and the life devoted to politics. It goes on to argue that Aristotle’s account of a friendship of the good, based on human excellence, can reduce, not to say eliminate, this tension, enabling the development of a political community that is organized for action in history.

Posted on by L&R Forum

Around the Web

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

  • In Magram v. Beavers, a retired Brigadier General in the Air National Guard sued his former supervisor in California state court, alleging both discrimination and wrongful termination on account of his Jewish heritage.
  • In Vitsaxaki v. Skaneateles Central School District, a Greek Orthodox mother sued a school district in federal court in New York, alleging that the district had socially transitioned her middle-school aged daughter without her knowledge and consent in violation of the mother’s free exercise right to raise her child according to her religious beliefs.
  • In Chavez v. San Francisco Bay Area Rapid Transit District, a federal district court in California refused to certify as a class a group of employees who were denied a religious exemption from a COVID vaccine mandate due to the inconsistent nature of the class members’ beliefs.
  • In Babayev v. Azerbaijan, the European Court of Human Rights held that Article 9 of the European Convention on Human Rights was violated by an Azerbaijani law prohibiting citizens with religious training abroad from conducting Islamic religious rituals within the country.
  • In State of Florida v. Gonzalez, a state appellate court found that Florida’s clergy-penitent privilege did not apply to a recording of a defendant’s meeting with church leaders in a child molestation case, since the statutory requirement of confidentiality was not met.
  • The EEOC announced that it has entered into a $70,000 settlement with an employer who refused to grant an accommodation to a Muslim employee regarding its no-beard policy, despite the fact it would not cost the employer anything to do so nor burden its operations.