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Around the Web

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

  • In Swiech v. Board of Education for the Sylvania City School District, an Ohio state appellate court affirmed the dismissal of a suit brought by an elementary school student’s mother, which claimed that differential bussing violated her free exercise rights.
  • Various Christian and Jewish organizations have sued the Department of Homeland Security in a D.C. federal district court over the rescission of the Sensitive Locations Policy, which limited immigration actions in places of worship.
  • In Zubik v. City of Pittsburgh, a federal district court in Pennsylvania barred the city of Pittsburgh from designating a closed Catholic church as a historic structure.
  • In Higgs v. Farmor’s School, Britain’s Court of Appeals held that the termination of a schoolteacher’s employment due to Facebook posts related to Christian beliefs was a violation of the Equality Act of 2010.  
  • In Calvary Temple Church of Evansville Inc. v. Kirsch, the Indiana Supreme Court provided a broad interpretation of a state statute which partially shields non-profit religious organizations from tort liability.
Posted on by Mark Movsesian

Burge on the American Religious Landscape

For many years, I have profited from the work of political scientist Ryan Burge (Eastern Illinois University). His monographs on the composition of religious groups in the US have been quite valuable, especially when it comes to chronicling the rise of the Nones. He’s always thorough, readable, and insightful. So I’m looking forward to his latest monograph from Oxford University Press, The American Religious Landscape: Facts, Trends, and the Future. Oxford will release the book next month. Here’s the description from the Oxford website:

At its founding, the United States was an overwhelmingly Protestant country. However, over the last 250 years, it has become increasingly diverse with tens of millions of Catholics, millions of Latter-day Saints, Muslims, Hindus, and Jews, alongside a rapidly increasing share of Americans who claim no religious affiliation at all. 

The American Religious Landscape uses an in-depth statistical analysis of large datasets to answer foundational questions about this diversity, such as: How many Hindus are there in the US? Which state has the highest concentration of Muslims? Are atheists more highly educated than the general population? How many Roman Catholics attend Mass weekly? It focuses on the overall size, geographic distribution, and demographic composition of twelve different religious groups in short and accessible chapters that, taken together, serve as a basic introduction to the state of religion in America. Through dozens of charts, graphs, and maps–designed for readability and clarity–readers will be left with a solid understanding of the contours of contemporary American religion and what it could look like in the future.

Posted on by Mark Movsesian

In Search of Common Ground: An Upcoming Online Symposium

I look forward to participating, along with many friends and colleagues, in what promises to be a fascinating symposium on religion, secularism, and liberalism organized by Steven Heyman and Kathleen Brady and hosted by the Chicago-Kent Law Review: “In Search of Common Ground: Religion and Secularism in a Liberal Democratic Society.” The online symposium, scheduled for February 21, will be open to the public; the link is below. It’s a fabulous lineup of scholars and I’m very grateful to be among them:

Over the past several decades, America’s religious diversity has continued to grow rapidly, as have the percentages of Americans who either are not religious or are not affiliated with a specific religious group or denomination. At the same time, America’s deepening cultural and political divisions have often followed these expanding religious fault lines. These developments have raised new challenges for defining the relationship between law, religion, and secularism under the Religion Clauses of the First Amendment and beyond. At the Chicago-Kent Law Review’s Symposium, leading law-and-religion scholars who represent a broad spectrum of views will explore a range of doctrinal issues – such as free exercise exemptions, government expression and funding, and the meaning of religion under the First Amendment – and will discuss how people who hold very different worldviews can live together in contemporary society.

For more information, check the link above. Thanks!

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Around the Web

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

  • President Donald Trump signed an executive order that established a temporary task force within the Justice Department aimed at eradicating anti-Christian bias within the federal government. The Executive Order names the Attorney General as the Task Force chair and vests within the Task Force with authority to review the activities of all executive departments and agencies for unlawful anti-Christian policies, practices, or conduct, recommend methods to revoke or terminate violative policies, develop strategies to protect the religious liberties of Americans, and more.
  •  In a new complaint filed for Arroyo-Castro v. Gasper, the plaintiff, a public school teacher,  alleges that DiLoreto Elementary & Middle School violated the Free Exercise clause when she was placed on administrative leave following her refusal to remove a crucifix that she had hung among other personal items in personal workspace near her classroom desk. The plaintiff alleges that the school district pressured her in several meetings to remove the crucifix, and suspended her for two days without pay shortly before placing her on administrative leave.
  • In Groveman v. Regents of the University of California, a California District Court recently dismissed a suit alleging that the University of California Davis alleging that the University violated the plaintiff’s First and Fourteenth Amendment rights when it allowed a pro-Palestinian encampment to operate on campus grounds and exclude Plaintiff from walking on the sidewalk where the encampment was located, despite the fact that the encampment violated school policy. The District Court found that the causal connection between the University’s inaction and the injury the plaintiff suffered was too attenuated for a Free Exercise claim to survive. Further, the District Court held that it was impossible to draw a plausible inference that the defendant’s inaction favored or disfavored any religion or burdened the plaintiff’s religious exercise.
  • The Australian Parliament recently passed new amendments to the country’s Hate Crimes Law, strengthening the punishments for existing offenses that urge and force violence and creating new offenses that threaten force or violence against targeted groups and members of groups. These amendments were passed following several high-profile incidents of antisemitism that have risen across the country.
  • The Supreme Court of India recently held that the government of Chhattisgarh has two months to demarcate new, exclusive burial sites for Christians in an attempt to reduce disputes over burial grounds. The Supreme Court’s decision was made against the backdrop of continued persecution by Chhattisgarh state officials, in which Christians have been routinely (and sometimes violently) denied the right to a Christian burial.
Posted on by Mark Movsesian

Christianity and American Democracy

Historically, the American approach to church-state relations has had two primary, and complimentary, influences: the Evangelical Christian tradition and the Enlightenment Liberal tradition, both of which support official state neutrality and freedom of conscience. A new book from Jonathan Rauch (Brookings) argues that Christian influence in the US is fading and that the historical bargain between Christianity and liberalism is falling apart. Although he’s an atheist, Rauch regrets this development, which he sees as a threat to America’s future. The book is Cross Purposes: Christianity’s Broken Bargain with Democracy and the publisher is Yale University Press. Here’s the description from Yale’s website:

What happens to American democracy if Christianity is no longer able, or no longer willing, to perform the functions on which our constitutional order depends? In this provocative book, the award-winning journalist Jonathan Rauch—a lifelong atheist—reckons candidly with both the shortcomings of secularism and the corrosion of Christianity.
 
Thin Christianity, as Rauch calls the mainline church, has been unable to inspire and retain believers. Worse, a Church of Fear has distorted white evangelicalism in ways that violate the tenets of both Jesus and James Madison. What to do? For answers, Rauch looks to a new generation of religious thinkers, as well as to the Church of Jesus Christ of Latter-day Saints, which has placed the Constitution at the heart of its spiritual teachings.
 
In this timely critique Rauch addresses secular Americans who think Christianity can be abandoned, and Christian Americans who blame secular culture for their grievances. The two must work together, he argues, to confront our present crisis. He calls on Christians to recommit to the teachings of their faith that align with Madison, not MAGA, and to understand that liberal democracy, far from being oppressive, is uniquely protective of religious freedom. At the same time, he calls on secular liberals to understand that healthy religious institutions are crucial to the survival of the liberal state.

Posted on by Mark Movsesian

Mattone Center Hosts First Directors Summit

On January 23, 2025, the Mattone Center for Law and Religion hosted the inaugural Center Directors Summit, a gathering of directors of law and religion centers and clinics across the United States. Participants at the event, which took place at the New York Athletic Club, included the directors of centers and clinics at Brigham Young, Emory, Harvard, Notre Dame, Pepperdine, St. John’s, Stanford, and Villanova Universities, The Catholic University of America, and the University of Texas.

The day began with three private roundtables addressing mission, scholarship, curricula, and programs. Participants spoke about the role of law and religion centers and clinics and the benefits they can provide for law professors, students, and the public more generally. 

The summit continued with two panel presentations for Mattone Center student fellows, board members, alumni, and friends, moderated by Judge Richard Sullivan of the U.S. Court of Appeals for the Second Circuit, at which participants shared key insights from the earlier roundtables. You can find a video of the panels here:

It was great to get together with colleagues and friends to talk about our successes, challenges, and plans for the future. I came away from the summit with ideas for our program here at St. John’s, and I’m sure that’s true of the other participants as well. So many law schools in the US have law and religion centers and clinics, yet no one has thought before to bring the directors together to share notes and see how we can continue to provide a benefit legal education in the US. This summit was a great first step, and I hope it will continue on a rotating basis.

Posted on by L&R Forum

Around the Web

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

  • The Justice Department recently reached a settlement with a township in Pennsylvania on behalf of group of Old-Order Amish residents who were penalized for failing to connect to the town’s sewage system and placing permanent outhouses on their property. The Justice Department brought suit under the Religious Land Use and Institutionalized Persons Act (RLUIPA), and the settlement requires the Township to exempt certain households, as well as forgive any outstanding liens or fines arising from the violations.
  • President Trump issued an executive order intended to combat antisemitism, reaffirming Executive Order 13899 issued during his prior administration.
  • A court in Ukraine recently suspended the evictions of Orthodox monks from the Kiev Caves Lavra Monestary, among the most famous of Orthodox monasteries in Ukraine and spiritually significant to Orthodox Ukrainians and Russians. The monastery has been state-owned since the Soviet era, and the Brotherhood’s contract with the State of Ukraine was terminated as part of a general trend of discrimination against the Ukrainian Orthodox Church/Moscow Patriarchate, partially in response to the Russian invasion of Ukraine.
  • In Little v. Los Angeles County Fire Department, a California federal district court allowed an Evangelical Christian lifeguard’s free exercise and Title VII claims to proceed in a case seeking a religious accommodation to displaying a pride flag on his lifeguard stand.
  • US Catholic Bishops have petitioned believers to urge their members of Congress to resume foreign aid programs recently suspended by the Trump administration.
Posted on by Mark Movsesian

A New Book on Law & Religion in China

This month, Wolters Kluwer releases the third edition of Religion and Law in China, a practitioners’ guide that looks useful for academics as well. The book covers such topics as the constitutional status of religion, religious freedom, and the effect of international law on religious communities. The author is Zhao Jianmin. Here’s the description from the Wolters Kluwer website:

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how China deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media.

After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide.

Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in China. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Posted on by L&R Forum

Around the Web

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

  • The Supreme Court granted certiorari to review an Oklahoma Supreme Court decision blocking a Catholic school from becoming a public charter school. The state court ruled that allowing a Catholic school to operate as a public charter school violated the Establishment Clause, while the school argues the decision violates the Free Exercise Clause.
    • The Mattone Center will co-sponsor a symposium on this case in April. Stay tuned for details.
  • In Bagal v. Sawant, the 9th Circuit ruled that a Hindu living in North Carolina lacked standing to challenge Seattle’s Anti-Caste Discrimination Ordinance. The court found no credible threat of enforcement for activities like ordering a vegetarian meal or wearing a Mauli thread during planned future visits to Seattle, as the ordinance does not regulate these practices.
  • In Rodrique v. Hearst Communications, Inc., the 1st Circuit upheld the dismissal of a Title VII lawsuit filed by a TV news photographer who sought a religious exemption from his employer’s COVID vaccine mandate. The court ruled that the employer successfully proved an undue hardship defense, stating it reasonably relied on scientific evidence showing that vaccinated employees are less likely to transmit COVID-19, rather than basing it on the plaintiff’s religious beliefs.
  • In Winder v. United States, a Texas federal court dismissed a negligence suit against an Army Chaplain over advice to involve law enforcement in a suicide threat, which led to a fatal confrontation. Citing the ecclesiastical abstention doctrine, the court held that deciding the case would improperly require examining the Chaplain’s religiously-informed duty of confidentiality.
  • In St. Luke’s Health System, Inc. v. State of Kansas ex rel. Schultz, the Kansas Court of Appeals held that employees seeking a religious exemption from a COVID-19 vaccine mandate only need to provide a written statement explaining how the mandate violates their sincerely held religious beliefs, emphasizing that the state statute prohibits employers from questioning the sincerity of the employee’s beliefs.
  • Harvard University has reached a settlement in a lawsuit filed last May, accusing it of tolerating antisemitic bullying and discrimination against Jewish and Israeli students in violation of Title VI of the Civil Rights Act. As part of the settlement, Harvard will adopt the IHRA definition of antisemitism for discipline, recognize Zionism as a protected category, create a dedicated position for antisemitism complaints, and implement various measures, including annual public reporting and mandatory staff training.
Posted on by Mark Movsesian

A Very Short Introduction to Toleration

In my law and religion seminar this semester, we’ve been spending a lot of time on John Locke, specifically, the Letter Concerning Toleration. For Locke, toleration, which presumes distance from and even disapproval of those not like oneself, is the guarantor of social peace in a liberal order. The fact that many people today view tolerance as disagreeable–we feel entitled, not to tolerance, but approval–helps explain why liberalism is having such trouble.

A new book from Oxford University Press, Toleration: A Very Short Introduction, surveys the history of the concept, from its initial focus on religious difference to its expanded scope, and considers its role in politics today. The author is political scientist Andrew R. Murphy (University of Michigan). Here’s the publisher’s description:

Toleration is one of the most foundational and contentious concepts in contemporary political discourse. Although its modern origins lie in the realm of religious dissent, toleration remains one of our most contentious and broad-ranging concepts, invoked in today’s debates about race, gender, religion, sexuality, cultural identity, free speech, and civil liberties. Questions of toleration arise wherever unpopular groups face hostile environments and stand in need of protection from state interference or the actions of their neighbors.

Toleration can seem counterintuitive at first glance, since it involves a complex mixture of rejection and acceptance, combining disapproval – of particular individuals, groups, beliefs, and practices – on the one hand with legal and political guarantees for such groups on the other. Toleration has long been considered a cardinal virtue of liberalism, endorsed by central figures such as Locke, Mill, and Rawls. Although toleration has been criticized as unduly minimal, compared with more expansive terms such as recognition or acceptance, it has routinely played a key role in the protracted struggles of marginalized groups of various sorts (a necessary, if not always sufficient, condition for liberty). Toleration: A Very Short Introduction will concisely canvass the history, development, and contemporary global status of toleration as both a concept and a contested political and legal practice.