Around the Web

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

  • The Department of Homeland Security announced that it will implement a rule that eases the requirements for foreign religious workers in the United States. 
  • In the European Court of Human Rights, the judge presiding over Tafzi El Hadri and El Edriss Mouch v. Spain held that Spanish courts did not violate the European Convention on Human Rights by failing to sanction a journalist who had written about Islamist indoctrination at a residential center for minors. 
  • In Brox v. Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, the 1st Circuit ruled against employees seeking religious exemptions from a state board’s Covid vaccination policy.
  • In the United Kingdom, Catholic leaders are urging lawmakers to reject a proposed bill in Parliament that would allow for doctor-assisted suicides. 
  • As political protests and unrest grow in Iran, Christians in Iran report increasing anxiety about their vulnerable status.

Around the Web

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

  • The Supreme Court of the United States is set to consider a petition in Landor v. Louisiana Department of Corrections regarding a Rastafarian inmate’s religious liberty claims after prison officials forcibly shaved his dreadlocks.  
  • The Supreme Court is reviewing a petition by former Kentucky government official Kim Davis, who refused to issue marriage licenses to same-sex couples on religious grounds, seeking to overturn or limit Obergefell v. Hodges and assert free-exercise protections for public officials. 
  • In January, the 5th Circuit is set to hear arguments about state laws in Texas and Louisiana requiring the Ten Commandments to be displayed in public school classrooms.  
  • A federal district court in Connecticut has ruled against a public school teacher who requested a preliminary injunction from the court after she was barred from displaying a crucifix on her classroom wall.  
  • The United States has designated Nigeria a “Country of Particular Concern,” citing severe violations of religious freedom in the nation.  
  • Pope Leo stated that the United States must respect the “spiritual rights” of detained migrants, suggesting that authorities allow pastoral workers to attend to their needs.  

Wilsey on Religious Freedom

A great benefit of my sabbatical several years ago at Princeton’s James Madison Program was having an office next door to Professor John Wilsey. I always enjoyed and learned a great deal from our hallway conversations. Now lots of other people can benefit, too, since John, a church historian at the Southern Baptist Theological Seminary, is out with a new book, Religious Freedom: A Conservative Primer (Eerdmans). Looks very interesting. Here’s the publisher’s description:

In this timely book, historian John D. Wilsey addresses urgent questions about religious freedom in America. How have conservatives historically understood the meaning of religious freedom? How do Americans who identify as conservative now think about religious freedom in this era? What are the differences between the historical and contemporary views, and how do those differences shape fights about religious freedom today?
 
Writing for fellow Americans concerned about threats to religious liberty, Wilsey draws on US history to explain why rather than weaponizing religious freedom in the context of the culture wars, today’s conservatives need to rally around religious freedom to promote peace between church and state. With wisdom and acuity, Wilsey charts a path forward for thinking about and maintaining a uniquely American tradition: the harmony between liberty and religion that each generation has received as an inheritance from the generations preceding theirs.

Five Views on Natural Law

I’ve enjoyed Zondervan’s “Critical Points” series, which publishes brief and accessible introductions to contested questions in Christian thought. Here is a new volume in the series, Natural Law: Five Views, edited by Ryan Anderson and Andrew Walker. The book brings together scholars of natural law from the Protestant and Catholic traditions, which seem to be working in parallel. Here’s the publisher’s description:

The story of “natural law” – the idea that God has written a law on the human heart so that ethical norms derive from human nature – in twentieth-century Protestant ethics is one of rejection and resurgence. For half a century, luminaries like Karl Barth, Carl F. H. Henry, and Cornelius Van Til cast a shadow over natural law moral reflection because of its putative link to natural theology, autonomous reason, associations with Catholic theology, and ethical witness devoid of special revelation. However, over the past twenty years, Protestant theologians have renewed their interest in the subject, often animated by debates on Christian involvement in the public arena and on matters of life, death, and gender and sexuality. Much of this engagement has happened within Reformed circles and has largely been conducted without reference to Roman Catholic construals of the natural law. Conversely, Catholic developments in natural-law thinking have paid little attention to the surge of interest on the Protestant side. As a result, Protestant and Catholic natural proponents – and even those skeptical of the natural law – are not in conversation with one another.

The lack of dialog between the various schools of natural law has left a historic tradition within Christian moral thought underdeveloped in contemporary Protestant theology. By bringing together a variety of perspectives in much-needed conversation, this book helps readers to understand the various construals of natural law within the broader strands of Christian and classical traditions and clarifies its unique importance for Christian moral witness in a secular culture. 

Around the Web

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

  • This past Monday, the U.S. Supreme Court heard oral argument in Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission. Catholic Charities alleges that Wisconsin violated the First Amendment by denying the organization a religious exemption from the state’s unemployment compensation law.
  • In Turman v. Abyssinian Baptist Church, a New York federal district court held that the ministerial exception barred the court from considering a sex discrimination claim by a female clergy member who sought employment as senior pastor of Abyssinian Baptist Church.
  • Oklahoma recently filed a complaint in an Oklahoma federal district court seeking to enjoin the Freedom from Religion Foundation from sending demand letters to Oklahoma public school officials requesting that they refrain from teaching about the Bible and from allowing students a moment of silence to reflect, meditate, pray, or engage in any other silent activity.
  •  In Dimeo v. Gross, a Pennsylvania appellate court held that a trial court’s refusal to delay the start of a trial by one day so that the defendant could observe Yom Kippur did not violate the Free Exercise Clause of the First Amendment.
  • China has recently imposed new restrictions that ban foreign clergy residing in the country from establishing religious organizations, preaching without authorization, founding religious schools, producing or selling religious books, accepting religious donations, or recruiting Chinese citizens as religious followers.

Around the Web

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

  • The First Circuit heard oral arguments in St. Dominic Academy v Makin and Crosspoint Church v Makin. Both cases stem from the aftermath of the Supreme Court’s decision in Carson v. Makin and involve challenges to a Maine statute that provides that schools receiving state funds cannot discriminate based on religion, sexual orientation, or gender identity. Plaintiffs allege that the Maine law has the effect of excluding certain Christian schools from Maine’s tuition assistance program.
  • In a new complaint in Berkemeir v. Genesee County Museum, the plaintiff alleges that the Genesee Country Museum violated the Free Exercise and Free Speech Clauses when it fired her because of her belief that the Museum’s Diversity, Equity, Acceptance, and Inclusion program was inconsistent with her sincerely held beliefs.
  • Louisiana Attorney General Liz Murrill posted Guidance regarding a Louisiana law that requires the display of the Ten Commandments in each public school classroom. Released after a Louisiana Federal District court enjoined five parishes from implementing the new law, the Guidance now requires posting only if the displays themselves or funding for the displays are donated and imposes no punishment if a school does not display the Commandments.
  • In Garner v. Southern Baptist Convention, the Tennessee Court of Appeals at Knoxville held that a defamation suit brought by a Baptist pastor against the Southern Baptist Convention cannot be excluded from judicial consideration under the ecclesiastical abstention doctrine. The Court of Appeals held that the suit did not require the court to resolve any religious disputes or to rely on religious doctrine, but was focused almost entirely on the Baptist Convention’s purported publication of written and oral statements that Mr. Garner was “an individual with an alleged history of abuse.”
  • The Pew Research Center recently published a study of the religious affiliation of members of the 119th Congress. The article reports 86.7% of the members of the Senate and House combined are Christian, of which 55.5% are Protestant, 28.2% Catholic, 1.7% Latter Day Saints, 1.1% Orthodox Christians, and 0.2% Messianic Jewish. Six percent of Congress is Jewish. Muslim, Hindu, Buddhist, Unitarian Universalists, and Humanist adherents account for less than 1 %. The religious affiliation of 3.9% of Congress is unknown.

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.

Around the Web

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

  • In Mustin v. Wainwright, the Sixth Circuit reversed a lower court’s decision dismissing a Free Exercise and RLUIPA claim brought by a Muslim inmate at a correctional facility. The Sixth Circuit reasoned that the plaintiff was likely to succeed in his Free Exercise and RLUIPA claims, as it found that Defendants’ failure to provide adequate space to plaintiff and other Muslim inmates, as well as the serving of raw, expired, or pork-incorporated food, satisfied the plaintiff’s burden in pleading that the correctional facility placed a substantial burden upon his ability to practice his religion freely.
  • In Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc., the Eleventh Circuit affirmed a lower court’s decision rejecting a Christian private schools claims that the Association’s refusal to allow the school to use the state championship football stadium’s PA System to lead a pre-game prayer violated the school’s free speech and free exercise rights. The Eleventh Circuit reasoned that because the government is the entity engaging in speech at the games, the government’s control over the content of its message does not infringe upon the school’s rights.
  • In Reinoehl v. Penn-Harris-Madison School Corporation, an Indiana District Court held that a public school that teaches the theory of evolution as part of its state-mandated science curriculum does not violate the Establishment Clause. The District Court rejected Plaintiff’s claim that the theory of evolution originates from the religion of atheism, instead holding that evolution is not a religion and that the idea that it may incidentally coincide with certain tenets of atheism does not render the teaching of evolution in public schools violative of the Establishment Clause.
  • In Doe v. First Baptist Church of Pierce City, Missouri, the Missouri Court of Appeals referred to the State’s Supreme Court the question whether the Establishment Clause prevents a court from determining if a youth pastor negligently failed to supervise children in a youth ministries program.
  • The National Labor Relations Board has filed a complaint against Edward Waters University in Florida for withdrawing recognition of its faculty labor union. The university, which is affiliated with the African Methodist Episcopal Church, argues that its rights as a religious educational institution permit it to withdraw recognition of the union.

Welcoming our Mattone Center Student Fellows for 2024-2025

L-R: Mesrobian, Cadet, Xenakis, and Markowitz

They have been working hard on the blog and the podcasts since the summer, but now that the term has begun, I’d like to formally welcome our Mattone Center Student Fellows for 2024-2025: Noa Cadet ‘3L, Riki Markowitz ‘2L, Kalina Mesrobian ‘2L, and Panayiotis Xenakis ‘3L. You can read more about them in the Law School’s press release, here. Welcome aboard, gang!

Merry Christmas

To everyone who celebrates today, a very Merry Christmas!