Movsesian at The King’s College Next Month

Next month, I’ll give the annual Constitution Day Address at The King’s College in New York, on Masterpiece Cakeshop and the future of religious freedom in the United States. Details about the event, to take place on September 19, are here. Forum readers in New York, please stop by to say hello!

Movsesian on Wilken on Religious Freedom

In this week’s University Bookman, I have a review of Robert Louis Wilken’s new book on Christianity and religious freedom, Liberty in the Things of God. Here’s a sample:

Wilken writes lucidly and persuasively, and his basic point is correct. Religious freedom is not a concept foreign to Christian thought, and its place as a pillar of Western civilization owes much to Christian sources. Of course, one should not exaggerate. It’s fair to say that religious freedom, as it developed in the West, is one Christian approach to the question, but not the onlyChristian approach. As the examples of Augustine, Aquinas, and Calvin show, there are strains in the Christian tradition that would oppose religious freedom, at least as we understand the concept today. The dualist nature of Christian politics, which insists that Christians owe duties simultaneously to God and to the state, but that Christ is Lord of all, makes easy conclusions about the Christian approach to church-state relations impossible.

The full review is available here.

Movsesian on Masterpiece Cakeshop

For those who are interested, the Harvard Journal of Law and Public Policy has published my article, Masterpiece Cakeshop and the Future of Religious Freedom, in the most recent issue. Here’s the abstract:

Last term, the Supreme Court decided Masterpiece Cakeshop, one of several recent cases in which religious believers have sought to avoid the application of public accommodations laws that ban discrimination on the basis of sexual orientation. The Court’s decision was a narrow one that turned on unique facts and did relatively little to resolve the conflict between anti-discrimination laws and religious freedom. Yet Masterpiece Cakeshop is significant, because it reflects broad cultural and political trends that drive that conflict and shape its resolution: a deepening religious polarization between the Nones and the Traditionally Religious; an expanding conception of equality that treats social distinctions—especially religious distinctions—as illegitimate; and a growing administrative state that enforces that conception of equality in all aspects of our common life. This article explores those trends and offers three predictions for the future: conflicts like Masterpiece Cakeshop will grow more frequent and harder to resolve; the law of religious freedom will remain unsettled and deeply contested; and the judicial confirmation wars will grow even more bitter and partisan than they already have.

Readers can also download the article from the SSRN website, here.

CLR in the HJLPP

I’m delighted to note the Center for Law and Religion edition of the latest issue of the Harvard Journal of Law and Public Policy. (Actually, it was entirely happenstance that one of Mark’s articles and one of my articles were published in the same issue.)

Mark’s piece is Masterpiece Cakeshop and the Future of Religious Freedom.

Mine is The Sickness Unto Death of the First Amendment.

Movsesian at GMU This Week

cropped-csas-logo

For our readers in the DC area, I’ll be speaking on Friday at George Mason University’s Scalia Law School, at a conference on Religion and the Administrative State. The conference is hosted by the law school’s Center for the Study of the Administrative State, whose talented and indefatigable director, Adam White, has put together a great lineup of which I am proud to be a part. I’ll be speaking (via the Web) on the Court’s decision last term in Masterpiece Cakehop, specifically, what the decision suggests about cultural and political trends in the US. The conference details are available here.

Center Papers & Activities in 2018

Here is a retrospective list of some of our papers and activities in 2018Pen and Ink, with links where available. A warm word of gratitude to our readers, and best wishes for the new year!

Papers

DeGirolami, On the Uses of Anti-Christian Identity Politics, in “Religious Freedom, LGBT Rights, and the Prospects for Common Ground” (Robin Fretwell Wilson & William Eskridge, eds., 2018).

Movsesian, Markets and Morals: The Limits of Doux Commerce, 9 Wm. & Mary Bus. L. Rev.  449 (2018).

DeGirolami, The Sickness Unto Death of the First Amendment (forthcoming Harvard Journal of Law and Public Policy).

Movsesian, Masterpiece Cakeshop and the Future of Religious Freedom, 42 Harv. J.L. & Pub. Pol’y (forthcoming)

DeGirolami (with Kevin Walsh), Conservatives, Don’t Put Too Much Hope in the Next Justice (New York Times, July).

DeGirolami (with Kevin Walsh), 2018 Supreme Court Roundup: Kennedy’s Last Term (First Things, October).

DeGirolami, The Long Tail of Legal Liberalism (reviewing Patrick Deneen, Why Liberalism Failed (2018)) (Liberty Fund Library of Law and Liberty, February)

Activities

The Tradition Project, Part III: “Tradition and the Global Clash of Values,” Rome, Italy, December.

Legal Spirits (podcast series concerning law and religion).

In spring 2018, Movsesian was a fellow in the James Madison Program in Princeton University’s Department of Politics.

Throughout the year, Movsesian blogged regularly at First Things and Law & Liberty.

Movsesian, Notre Dame Center for Ethics and Culture Annual Conference, Panelist, “A House Divided–Polarization in Our Common Life,” November.

Movsesian, Princeton University, Panelist, “Religious Freedom at Home and Abroad,” Madison Program Annual Conference, May.

Movsesian, Princeton University, Commentator, Conference on Law, Religion, and Complicity, University Center for Human Values, April.

Movsesian, Princeton University, Madison Program Workshop Series, The Future of Religious Freedom.

Movsesian, Colloquium on Religion and Liberalism, First Things Magazine (invited participant).

Movsesian, Columbia Law School, Guest Faculty, “Reading Group in the American Constitutional Tradition.

Movsesian, George Mason University Law School, Center for the Study of the Administrative State, The Future of Religious Freedom, March.

DeGirolami, “Higher Purposes of Free Speech,” Conference, “Higher Powers,” Notre Dame Center for Ethics and Culture, November.

DeGirolami, Constitution Day Discussion, The King’s College, New York (with David Tubbs), September.

DeGirolami, “First Amendment Developments in the Supreme Court’s Recent Cases,” Loyola University Maryland, September.

DeGirolami, “The Sickness Unto Death of the First Amendment,” Center for the Study of the Administrative State, George Mason University School of Law, March.

Time’s Up for the Endorsement Test?

At the First Things site today, I have a post on The American Legion v. American Humanist Association, the Maryland Peace Cross case, in which the Court granted cert last month. I argue that the Court could use the opportunity to get rid of the endorsement test in Establishment Clause cases. Here’s an excerpt:

Last month, the Supreme Court agreed to consider an important Establishment Clause case from Maryland, The American Legion v. American Humanist Association. The case, which presents a challenge to a Maryland cemetery’s use of a 40-foot cross as a public war memorial, gives the Court a chance to clarify its views on the constitutionality of state-sponsored religious displays. In particular, the case provides an opportunity for the Court to do away with the so-called “endorsement test,” which holds that a display violates the Constitution if a hypothetical, reasonable observer would see it as an endorsement of religion. Conservatives have criticized the endorsement test for decades, and with a new majority on the Court, they may finally have the votes to discard it. American Legion could turn out to be one of the most significant Establishment Clause cases in a long time.

American Legion is also the subject of a recent “Legal Spirits” episode Marc and I recorded. But you have already listened to that. Right?

New Article: Masterpiece Cakeshop and the Future of Religious Freedom

I’ve posted a new article on SSRN, “Masterpiece Cakeshop and the Future of Religious Freedom.” The article, which will appear in the current volume of the Harvard Journal of Law and Public Policy, uses last term’s decision in Masterpiece Cakeshop as a vehicle for exploring deep trends in American culture, politics, and religion. Here’s the abstract:

Last term, the Supreme Court decided Masterpiece Cakeshop, one of several recent cases in which religious believers have sought to avoid the application of public accommodations laws that ban discrimination on the basis of sexual orientation. The Court’s decision was a narrow one that turned on unique facts and did relatively little to resolve the conflict between anti-discrimination laws and religious freedom. Yet Masterpiece Cakeshop is significant, because it reflects broad cultural and political trends that drive that conflict and shape its resolution: a deepening religious polarization between the Nones and the Traditionally Religious; an expanding conception of equality that treats social distinctions—especially religious distinctions—as illegitimate; and a growing administrative state that enforces that conception of equality in all aspects of our common life. This article explores those trends and offers three predictions for the future: conflicts like Masterpiece Cakeshop will grow more frequent and harder to resolve; the law of religious freedom will remain unsettled and deeply contested; and the judicial confirmation wars will grow even more bitter and partisan than they already have.

You can download the paper here.

Movsesian on Religious Polarization

To follow on Marc’s post yesterday, here is the video of my panel presentation earlier this month’s at the annual Notre Dame Ethics and Culture Center Conference. The title of the panel, chaired by Notre Dame Law Professor (and Tradition Project member) Marah Stith McLeod, was “A House Divided–Polarization in Our Common Life,” and the subject of my talk, beginning at the 35:45 mark, was “Church and State in a Time of Polarization.” Thanks to Marah and my co-panelist, John Carr (Georgetown), and to the Notre Dame Center Director, Carter Sneed, for inviting me!

Movsesian on the Ashers Case

Bristol UniversityAt the Liberty Law site today, I have a post discussing the UK Supreme Court’s ruling this month in Lee v. Ashers Bakery, a wedding-vendor case from Belfast. The British case deals with several substantive issues that our own Supreme Court dodged earlier this year in Masterpiece Cakeshop. The British court’s president, Barbara Hale (left), wrote for a unanimous court:

Even though the issues do not line up exactly, Lady Hale’s opinion addresses many of the difficult questions that arise in the American context as well: whether denying services in connection with gay weddings is equivalent to denying services to gay persons; whether one should attribute certain kinds of commercial speech to the vendor or the customer; and whether the state’s interest in ending discrimination in public places overrides the religious convictions of persons who operate small businesses. The fight over these issues is still in its early stages, in Britain and America. This decision may provide guidance for the way forward.

Readers can find my post here.

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