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Around the Web

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

  • The Second Circuit recently heard oral arguments in Miller v. McDonald. The lower court upheld New York’s removal of religious exemptions for vaccine requirements, rejecting free exercise claims by Amish communities.
  • An individual filed suit in a Michigan federal district court alleging discrimination by a theater that was hosting a Harris campaign rally. Plaintiff is a Muslim American who was running for the House of Representatives; his complaint alleges he was escorted out of the theater by the Secret Service based on his religion and ethnicity. 
  • The Ninth Circuit held that a law in California, which disqualified religious backed institutions form being state certified special needs schools, is unconstitutional.
  • In Texas, the Board of Education adopted a curriculum in elementary schools which implements optional Bible based education.
  • Legal experts vow to appeal a decision coming from India’s Supreme Court, which recently overturned a long standing policy that prohibited taxing the income of nuns and priests within government funded Catholic institutions.  
Posted on by Mark Movsesian

A New Collection of Primary Sources on Islamic Law

From Cambridge University Press, here is a new source book on Islamic Law, Islamic Law in Context: A Primary Source Reader. The book covers Islamic legal reasoning generally and several topics specifically, such as diet, family life, contracts, and criminal law. The editors are scholars Omar Anchassi (Universität Bern) and Robert Gleave (University of Exeter). The publisher’s description follows:

This volume surveys the diversity of Islamic legal thought and practice, a 1500 – year tradition that has been cultivated throughout the Islamic world. It features translations of Islamic legal texts from across the spectrum of literary genres (including legal theory, judicial handbooks, pamphlets) that represent the range of temporal, geographic and linguistic contexts in which Islamic law has been, and continues to be, developed. Each text has been chosen and translated by a specialist. It is accompanied by an accessible introduction that places the author and text in historical and legal contexts and explains the state of the relevant field of study. An introduction to each section offers an overview of the genre and provides a useful bibliography. The volume will enable all researchers of Islamic law – established academics, undergraduate students, and general readers – to understand the tremendous and sometimes bewildering diversity of Islamic law, as well the continuities and common features that bind it together.

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Legal Spirits 064: A City Upon a Hill

Ever since President Ronald Reagan popularized the phrase in the 1980s, American leaders have referred to the United States as the “shining city on a hill.” Reagan adapted the phrase from John Winthrop, the 17th century governor of the Massachusetts Bay Colony, who himself took it from the Gospel of Matthew. But the message has changed down the centuries. What began as a warning to carry out faithfully a mission from God became a boast about the United States and the benefits of human freedom. In this episode, Notre Dame historian Don Drakeman explores the original meaning of Winthrop’s text (Don argues it was in part a sales pitch to Puritan investors!) and its meaning today. Both are part of the American tradition: which meaning is the “real” one? Listen in!

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Around the Web

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

  • In Roake v. Brumley, a Louisiana federal district court found that Louisiana violated the Free Exercise and Establishment Clauses when it passed a law that required a copy of the Ten Commandments to be posted in every public school classroom in the state. The court reasoned that the Louisiana statute burdened plaintiffs’ sincere religious practices and beliefs and was not neutral toward religion.
  • Oklahoma Governor Kevin Stitt announced the launch of the Oklahoma Office of Faith-Based and Community Initiatives. The new division of state government is meant to act as a point of contact for faith-based and nonprofit organizations, facilitating connections with state services, including creating a repository of state agency programs and recognizing impactful faith-based organizations through partnerships with state agencies.
  • Justin Welby, the Archbishop of Canterbury, announced he would resign after a report revealed that he failed to launch a proper investigation into claims of widespread abuse of boys and young men that occurred decades ago at Christian summer camps.
  • In Bird v DP (a pseudonym), the High Court of Australia found that a Catholic diocese was not vicariously liable for sexual abuse of a young child by a priest from a parish church. The High Court determined that the priest was not employed by the Diocese or engaged by the Diocese as an independent contractor and, therefore, was not an agent of the Diocese.
Posted on by Mark Movsesian

The Lubavitcher Rebbe

Many years ago, I asked a Hasidic Jewish colleague what prevented a mystical movement like his, devoted to ecstatic religious experience, from going off the rails. “Law,” he quickly responded, as someone who had heard the question before, and then he quickly clarified, “Jewish Law.” In my limited experience, Hasidic Jews do indeed view law as important, even for non-Jews like me. I’ve been approached once or twice on the street in New York City by Lubavitcher Jews who, when they learn I’m not Jewish, give me a card with the seven Noahide Laws I am supposed to follow. Had I been Jewish, I think they’d have given me a rather longer list!

A new biography of Menachem Schneerson, the rabbi who led Lubavitcher Hasidism to its greatest successes, no doubt discusses the relationship between law and ecstatic faith in Hasidism. The title (intended provocatively, I assume) is Menachem Mendel Schneerson: Becoming the Messiah, and the publisher is Yale University Press. The author is Ezra Glinter of the Yiddish Book Center. Here’s the description from Yale’s website:

The life and thought of Menachem Mendel Schneerson, one of the most influential—and controversial—rabbis in modern Judaism

The Chabad-Lubavitch movement, one of the world’s best-known Hasidic groups, is driven by the belief that we are on the verge of the messianic age. The man most recognized for the movement’s success is the seventh and last Lubavitcher rebbe, Menachem Mendel Schneerson (1902–1994), believed by many of his followers to be the Messiah.

While hope of redemption has sustained the Jewish people through exile and persecution, it has also upended Jewish society with its apocalyptic and anarchic tendencies. So it is not surprising that Schneerson’s messianic fervor made him one of the most controversial rabbinic leaders of the twentieth century. How did he go from being an ordinary rabbi’s son in the Russian Empire to achieving status as a mystical sage? How did he revitalize a centuries-old Hasidic movement, construct an outreach empire of unprecedented scope, and earn the admiration and condemnation of political, communal, and religious leaders in America and abroad?

Ezra Glinter’s deeply researched account is the first biography of Schneerson to combine a nonpartisan view of his life, work, and impact with an insider’s understanding of the ideology that drove him and that continues to inspire the Chabad-Lubavitch movement today.

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Around the Web

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

  • An insurance worker from Michigan was awarded a twelve-million dollar judgment against her former employer after she was terminated for refusing to adhere to a private mandatory-vaccination requirement on religious grounds. It seems likely that the insurance company will appeal the judgment, considering the jury’s proportionately-large award of ten-million dollars in punitive damages.
  • In Ex parte Halprin, a Texas appellate court granted a new trial to a Jewish inmate who was sentenced to death following the murder of a police officer responding to the robbery of a Dick’s Sporting Goods. The Court found that the trial judge’s decision was based in large part on antisemetism, citing various out-of-court statements brought by witnesses that showed a clear animus against the defendant’s Jewish heritage.
  • In Union Gospel Mission of Yakima, Wash. v. Ferguson, a Washington federal district court granted a preliminary injunction preventing the state of Washington from applying its antidiscrimination laws to homeless shelters run by a Christian organization. The organization sought to limit its hiring to coreligionists, while the government of Washington claims religious exemptions to antidiscrimination statutes only apply in the context of ministerial hirings.
  • In Wexler v. City of San Diego, a California federal district court rejected the claim of an Orthodox Jewish man that the City of San Diego discriminated against his exercise of religion by allowing his eviction on the Sabbath. The Court found that because the evictors were not state actors, and because state laws in place facilitating the eviction process were neutral and generally applicable, the Plaintiff’s Religious Exercise Claim must fail.
  • In Furqua v. Raak, the Ninth Circuit reinstated the free exericse and equal protection claims of a self-described Christian Israelite who was refused Kosher meals for Passover after the prison chaplain claimed that any such religious requirement for a Christian was erroneous. The Court held that because the Plaintiff was denied an accomodation based on the subjective theological assessment of the chaplain, as opposed to a neutral and valid procedural rule, a reasonable trier of fact might find that he was refused an accomodation on account of religious discrimination.
Posted on by Mark Movsesian

On Wokism and Cultural Contradictions

For about 10 years now, US institutions have aggressively advocated for social justice. As many have observed, the “wokism” behind these efforts is itself a new civil religion, one that promises to succeed in promoting equality where the old civil religion of Americanism failed. A new book from Princeton University Press argues, though, that wokism has actually worked against the socially disadvantaged and marginalized and, ironically, has aided in the rise of a new elite of symbolic capitalists. The book is We Have Never Been Woke: The Cultural Contradictions of a New Elite, by sociologist Musa al-Gharbi (Stony Brook). Looks interesting. Here’s the publisher’s description:

Society has never been more egalitarian—in theory. Prejudice is taboo, and diversity is strongly valued. At the same time, social and economic inequality have exploded. In We Have Never Been Woke, Musa al-Gharbi argues that these trends are closely related, each tied to the rise of a new elite—the symbolic capitalists. In education, media, nonprofits, and beyond, members of this elite work primarily with words, ideas, images, and data, and are very likely to identify as allies of antiracist, feminist, LGBTQ, and other progressive causes. Their dominant ideology is “wokeness” and, while their commitment to equality is sincere, they actively benefit from and perpetuate the inequalities they decry. Indeed, their egalitarian credentials help them gain more power and status, often at the expense of the marginalized and disadvantaged.

We Have Never Been Woke details how the language of social justice is increasingly used to justify this elite—and to portray the losers in the knowledge economy as deserving their lot because they think or say the “wrong” things about race, gender, and sexuality. Al-Gharbi’s point is not to accuse symbolic capitalists of hypocrisy or cynicism. Rather, he examines how their genuine beliefs prevent them from recognizing how they contribute to social problems—or how their actions regularly provoke backlash against the social justice causes they champion.

A powerful critique, We Have Never Been Woke reveals that only by challenging this elite’s self-serving narratives can we hope to address social and economic inequality effectively.

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Around the Web

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

  • In Loffman v. California, the Ninth Circuit held that California’s exclusion of Jewish schools from special-education programs violates the Constitution’s neutrality requirement. The court found that California’s policy discriminates against religious parents and schools.
  • In Tanvir v. Tanzin, on remand from the Supreme Court, the Second Circuit held that FBI agents were entitled to qualified immunity against RFRA damages claims because the Muslim plaintiffs who were put on a no-fly list had not disclosed their religious objections to serving as informants. The court found that, since the agents had no reason to know their actions violated the plaintiffs’ religious beliefs, they could not be personally liable for damages.
  • Luther Rice College and Seminary filed a complaint saying that Georgia officials are violating the Constitution by excluding its students from state financial aid programs solely because of the college’s religious mission. The lawsuit argues that this exclusion from public benefits violates the Free Exercise Clause by discriminating against religious institutions based on their religious character.
  • President Biden formally apologized for the U.S. Federal Indian Boarding School Policies (1819–1969), which aimed to assimilate Native American children. He acknowledged that over half of these schools were associated with religious organizations, and many of them subjected Native children to severe mistreatment, leaving lasting trauma across generations.
  • The Vatican and China have agreed to extend their Provisional Agreement on the Appointment of Bishops for another four years, marking the third renewal since its initial signing in 2018. This agreement has allowed bishops in China to be appointed with papal consent, fostering full communion with the Pope and resulting in about ten new bishop appointments and formal recognition of previously unrecognized bishops.