Around the Web

Around the Web

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

Around the Web

Around the Web

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

Around the Web

Around the Web

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

Legal Spirits Episode 016: The New Wedding Vendor Cases

In this episode, we discuss recent court rulings in favor of wedding vendors who decline, from religious conviction, to provide services for same-sex weddings. After years of losing such cases, vendors like Joanna Duka and Breanna Koski of Phoenix’s Brush & Nib Studio (above) have won notable victories in the lower courts. We ask whether these victories reflect the changing membership of the judiciary–especially given the new Trump appointees to the federal appeals courts–and how the Supreme Court is likely to respond to them. Listen in!

Legal Spirits Episode 014: Requiring Clergy to Report Child Sex Abuse to State Authorities

Pope Francis Hears Confessions in Rome

In this episode, Center Co-Directors Mark Movsesian & Marc DeGirolami address state efforts to require clergy to report suspected child sex they learn about through confidential spiritual counseling–in traditional Christian terms, through Confession. Focusing on a recent California bill, SB 360, we explore what these efforts reveal about changes in American religion and predict whether such bills would violate the Free Exercise Clause. Listen in!

Legal Spirits Episode 012: Is Satanism a Religion?

Satan, Paradise Lost (illustrated by Gustave Dore)

In this podcast, we discuss several recent law and religion controversies concerning the “Satanic Temple.” We discuss what the Satanic Temple is and what its adherents say they believe, whether the Temple should count as a religion or a religious institution for legal purposes, and how the Temple has cleverly put pressure–legally and otherwise–on the principles of sincerity, neutrality, and equality that are said to animate the constitutional doctrine of religious freedom. Listen in!

Legal Spirits Episode 009: The “Anti-Vaxx” Controversy

In this podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss the anti-vaccination controversy. What are the sources of the objections to compulsory vaccination laws–religious, secular, or both? What power does the state have to compel vaccination by law, and what exceptions have states made historically? What is the state of play of such exemptions? May the state take away religious exemptions from mandatory vaccination without violating the Constitution or other laws? Need it take away all exemptions to pass legal muster, or can it do so selectively? Finally, what does the “anti-vaxx” issue say about American society’s capacity to agree about what are truly compelling social interests? Listen in!

Legal Spirits Episode 008: Religious Hate Speech (Part II)

In this second episode of a two-part podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss the private dimension of the control of “religious hate speech.” What, if anything, can public authorities do to intervene in the private arena? They focus on speech on private university campuses and discuss two basic constitutional rules: first, the rule governing the freedom of speech and associational freedom protecting private universities from government regulation; and second, the doctrine of “unconstitutional conditions” that affects the way in which the government can condition the granting of money dependent upon private universities’ compliance with government policies and interests. They also consider the social and cultural effects of the existing legal framework, discussing along the way some of the recent controversies on campuses involving disinvitations and exclusions of certain points of view and perspectives because of their allegedly “hateful” qualities. Listen in!

The City on a Hill

Shortly before departing from England for the Massachusetts Bay Colony, Puritan leader John Winthrop delivered a sermon on what the Puritans hoped to accomplish in the new world. Adapting a famous Gospel passage, he said the colony would be “as a city upon a hill” and that “the eyes of all people are upon us.” The Puritan fervor lasted only a generation or two, but the sense of Boston as an exceptional place that would serve as a model for the entire world really never faded–either for Bostonians or for Americans as a whole.

A new book from Princeton describes the history of the city, from its Puritan founding through its decline in influence, which the author dates to the Civil War. Looks very interesting. The book is The City-State of Boston: The Rise and Fall of an Atlantic Power, 1630-1865; the author is Yale historian Mark Peterson. Here’s the description from the publisher’s website:

A groundbreaking history of early America that shows how Boston built and sustained an independent city-state in New England before being folded into the United States

In the vaunted annals of America’s founding, Boston has long been held up as an exemplary “city upon a hill” and the “cradle of liberty” for an independent United States. Wresting this iconic urban center from these misleading, tired clichés, The City-State of Boston highlights Boston’s overlooked past as an autonomous city-state, and in doing so, offers a pathbreaking and brilliant new history of early America. Following Boston’s development over three centuries, Mark Peterson discusses how this self-governing Atlantic trading center began as a refuge from Britain’s Stuart monarchs and how—through its bargain with slavery and ratification of the Constitution—it would tragically lose integrity and autonomy as it became incorporated into the greater United States.

Drawing from vast archives, and featuring unfamiliar figures alongside well-known ones, such as John Winthrop, Cotton Mather, and John Adams, Peterson explores Boston’s origins in sixteenth-century utopian ideals, its founding and expansion into the hinterland of New England, and the growth of its distinctive political economy, with ties to the West Indies and southern Europe. By the 1700s, Boston was at full strength, with wide Atlantic trading circuits and cultural ties, both within and beyond Britain’s empire. After the cataclysmic Revolutionary War, “Bostoners” aimed to negotiate a relationship with the American confederation, but through the next century, the new United States unraveled Boston’s regional reign. The fateful decision to ratify the Constitution undercut its power, as Southern planters and slave owners dominated national politics and corroded the city-state’s vision of a common good for all.

Legal Spirits Episode 007: Religious Hate Speech (Part 1)

In this first episode of a two-part podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss government regulation of “religious hate speech.” They break down the concept into three categories–speech that denigrates religion as such; speech that threatens imminent violence against believers; and speech that insults or denigrates believers on the basis of religion–and explain how our law currently addresses each of them. They explore the possibility that American courts will abandon their traditional hostility to hate-speech regulation and the line-drawing problems that would follow. Listen in!

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