Happy to announce that the latest episode in our animated video series, “Landmark Cases in Religious Freedom,” is now available on our YouTube channel. This episode covers Cantwell v. Connecticut (1940), in which a Jehovah’s Witness was convicted of inciting a breach of the peace after playing an anti-Catholic phonograph record in a Catholic neighborhood. The Supreme Court unanimously ruled that Cantwell’s conviction was unconstitutional, establishing for the first time that the First Amendment’s Free Exercise Clause applies to state laws through the Fourteenth Amendment. The case demonstrates how the Constitution protects offensive religious speech absent physical threats or an imminent danger to public order. This precedent remains crucial in today’s debates about religious “hate speech” and the balance between free expression and public safety. Take a look!
Berner on Educational Pluralism
I’m late getting to this, but I did want to note Ashley Rogers Berner’s most recent book on educational pluralism, Educational Pluralism and Democracy: How to Handle Indoctrination, Promote Exposure, and Rebuild America’s Schools (Harvard). Ashley, a professor of education at Johns Hopkins, is a longtime friend of the Mattone Center who participated in our Tradition Project several years ago. She has written a great deal about how different perspectives, including religious, can benefit K-12 education, and is always worth reading. Here’s the description of the book from the publisher:
In Educational Pluralism and Democracy, education policy expert Ashley Rogers Berner envisions a K–12 education system that serves both the individual and the common good. Calling for education reform that will enable US public schools to fulfill the longstanding promise of American education, Berner proposes a radical reimagining of both the structure and content of US public school systems. She urges policymakers to embrace educational pluralism, an internationally common model in which the government funds diverse types of schools that deliver more universal content.
Providing an incisive assessment of democratic education throughout the world, Berner argues that educational pluralism can build students’ exposure to diverse viewpoints and shared knowledge within distinctive school communities. She shows how pluralism steers a middle path that enables equitable access, promotes academic excellence, and avoids the zero-sum games that characterize US education policy. Pluralism, she observes, will ultimately serve democracy by defusing polarization and increasing social mobility, political tolerance, and civic engagement.
In this thought-provoking proposal, Berner lays out a roadmap for big-picture reform, expertly delineating the mechanisms through which educational norms can change. A practical conclusion describes concrete moves that advocates can pursue to garner support and advance new legislation.
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.
Center Co-Hosts Symposium on Oklahoma Charter School Case
Last night, the Center co-hosted its annual symposium with the St. John’s Journal of Catholic Legal Studies, with guests Professors Michael Helfand of Pepperdine and Michael Moreland of Villanova. A great discussion about the Oklahoma Catholic Charter School case, which SCOTUS will hear later this month. I’ll post the video when it becomes available.
Around the Web
Here are some important law-and-religion stories from around the web:
- Yeshiva University recently settled a protracted lawsuit with a student-led LGBT group by granting it formal recognition as a student organization, allowing it access to campus facilities and university funding. The lawsuit arose from the school’s refusal to recognize the group on religious grounds, whereas the group claimed such a refusal violated New York antidiscrimination statutes.
- The state legislature of Kentucky recently passed a joint resolution directing the return of a monument displaying the Ten Commandments to the state’s Capitol Grounds. Temporarily removed during the 1980s due to construction, its return was enjoined by the Sixth Circuit Court of Appeals, citing the now-defunct Lemon test as rendering the monument violative of the Establishment Clause. In light of recent Supreme Court jurisprudence declaring the Lemon test overruled, the state legislature voted to reinstate the monument.
- A Catholic diocese and a Christian pregnancy center filed suit against the State of Illinois, challenging recent amendments to the Illinois Human Rights Act that prevents discrimination against employees based on their reproductive health choices. The plaintiffs allege that the amendments burden their Free Exercise rights by preventing them from making faith-based employment decisions, and coercing them to associate with individuals whose actions undermine their staunchly pro-life mission.
- The Kansas state House of Representatives issued a condemnation against a “Black Mass” to take place on the state capitol grounds, citing its clear anti-Catholic animus and blatant disrespect to Christianity. The procession involves the use of a consecrated Catholic host, viewed as a clear mockery and distortion of the Catholic Eucharist, and an alleged affront against the religious sensibilities of “all people of good will.”
- A New York federal district court ruled that a gender support plan that involved hiding a students social gender transition from her parents did not violate the Free Exercise or Due Process rights of her parents. The Court held that the plaintiff was free to exercise her religious and parental rights over her daughter in the household, and that a school policy that existed for the voluntary benefit of students does not endorse a religious message.
Around the Web
Here are some important law-and-religion news stories from around the web:
- In Royce v. Pan, a California federal court upheld the state’s repeal of the “personal belief” exemption from school vaccination requirements, rejecting claims that the law was hostile to religion. The court found that the law was neutral and generally applicable, and that the removal of the exemption did not unfairly target religious practices.
- In Shash v. City of Pueblo, a Colorado district court rejected a Native American plaintiff’s RLUIPA and free-exercise claims after he was arrested for DUI, as he objected to a blood alcohol test on religious grounds. The court found that RLUIPA did not apply because the plaintiff was not confined to a qualifying institution, and dismissed the First Amendment claim on qualified immunity grounds, noting there was no evidence that the officers were aware of his religious beliefs or intentionally burdened his exercise of religion.
- In Atlantic Korean American Presbytery v. Shalom Presbyterian Church of Washington, Inc., a Virginia appellate court dismissed a church property dispute, invoking the ecclesiastical abstention doctrine, which bars civil courts from intervening in religious matters. The court ruled that Shalom Presbyterian Church’s decision to seek civil court relief after previously submitting to the Presbyterian Church Synod’s authority amounted to a collateral attack on the Synod’s decision, violating constitutional principles of religious freedom.
- Wyoming Governor Mark Gordon recently signed HB 0207, establishing the Wyoming Religious Freedom Restoration Act (RFRA), which mandates strict scrutiny of state actions that significantly burden a person’s religious exercise. Wyoming becomes the 29th state to adopt such a law.
- Georgetown University argues that the government cannot control its DEI curriculum, citing the First Amendment and its Jesuit mission. This raises the question of whether religious freedom could protect religiously affiliated institutions from attacks on DEI practices, as faith-based colleges often defend their right to make decisions based on their religious tenets.
- The U.S. Acting Solicitor General filed an amicus brief urging the Supreme Court to overturn an Oklahoma ruling that a Catholic-sponsored charter school violated the state constitution and the First Amendment’s Establishment Clause. The brief argues that the Free Exercise Clause prohibits excluding the religious school, noting that charter schools do not perform functions exclusively reserved to the state, and thus are not subject to the same constitutional constraints as government-run institutions.
- Stay tuned for our Symposium on this case!
Mattone Center Participates in Law and Religion Moot Court in Rome
Last week, the Mattone Center’s student fellows–Noa Cadet, Riki Markowitz, Karina Mesrobian, and Panayiotis Xenakis, participated in the 8th International Law and Religion Moot Court Competition in Rome. The competition gathers law students from Europe and the US to argue a mock case before panels representing the US Supreme Court and the European Court of Human Rights. This was the first time the Mattone Center fielded a team in the competition. Congrats to our team, especially oralists Noa Cadet and Riki Markowitz, and many thanks to Jim Herschlein ’85 for helping to coach!
Around the Web
Here are some important law-and-religion news stories from around the web:
- Petitioners in Walke v. Walters asked the Oklahoma Supreme Court to issue an injunction barring the Oklahoma State Department of Education from distributing Bibles to classrooms in the state.
- In Kumar v. Koester, the 9th Circuit held that Hindu professors did not have standing to oppose the inclusion of “caste” as a protected class in their university’s anti-discrimination policy.
- The Supreme Court denied review in Hittle v. City of Stockton, California. The 9th Circuit had dismissed a religious discrimination suit brought by a city’s fire chief under Title VII.
- Syria’s interim president signed an interim Constitution protecting freedom of belief for individuals of all religions.
- The Federal Communications Commission has questioned Google regarding concerns that YouTube TV has been discriminating against faith-based channels on its streaming service.
Moschella on the New Natural Law
This month, the University of Notre Dame Press publishes an introduction what it calls the “new natural law,” Ethics, Politics, and Natural Law: Principles for Human Flourishing, by philosopher Melissa Moschella (Notre Dame). I’m in over my head here, but as I understand it, its proponents argue that new natural law theory (NNLT) integrates the three elements of goods, norms, and virtues more successfully than other approaches. Readers must judge for themselves. Here’s the description from the Notre Dame website:
The foundational principles of ethics and politics are principles that guide us to respect and promote human flourishing. In Ethics, Politics, and Natural Law Melissa Moschella provides an accessible explanation and development of the new natural law account of these principles while clarifying common misconceptions.
As a commonsense ethical theory, natural law grounds ethics in the fundamental dimensions of human flourishing. Moschella lays out the basic principles of natural law, their relationship to the virtues, and their social and political implications. Highlighting the importance of communities for flourishing, Moschella explains how this should shape our understanding of justice and the common good, and shows how natural law principles support limited government and civil liberties. She also considers the relationship between morality and God, and how natural law relates to Christian revelation. This fresh and compelling account of new natural law is the go-to resource to understand this important and influential theory.
Around the Web
Here are some important law-and-religion news stories from around the web:
- In Miller v. McDonald, the Second Circuit held that New York did not violate Amish parents’ Free Exercise rights under the First Amendment when it removed a religious belief exemption from its school immunization law. The court found that the public health law in itself was generally applicable and that there was no evidence that the legislature’s decision to repeal the religious belief exemption in 2019 was motivated by anti-religious sentiment.
- In CNS International Ministries, Inc. v. Bax, a Missouri federal district court held that a the ministerial exception did not cover a janitor and cafeteria worker at a religious organization that runs residential care facilities for children.
- Recently, the U.S. Senate Judiciary Committee held a hearing to address how to combat antisemitism and antireligious hate crimes in general.
- A group of Christian Patriarchs and Heads of Churches in Jerusalem have come together to issue a public statement denouncing foreclosure proceedings initiated against the Armenian Patriarchate. The foreclosure proceedings stem from an alleged tax debt levied against the Patriarchate, originating from a municipal tax from which Christian institutions have traditionally been exempt. Christian leaders believe that if the proceedings go unchallenged, it will only lead to more expropriation of Christian assets in Jerusalem.
- Recently, rebels from an Islamic terrorist group stormed a village in the Congo and took approximately one hundred people hostage. From those taken, seventy bodies were discovered in a Protestant church in Lubero. Sources believe that these hostages were killed when they could no longer continue to march alongside their captors.