Posted on by Mark Movsesian

Guiding the Perplexed

One of the great and perennial problems in law is the relationship between “the rules” and the transcendental order (if any) that animates them. This is so in all the Abrahamic religions, which have, over the centuries, developed different understandings of that relationship. Even within a single religion, different strains emerge: the Thomism of Catholicism differs from the approach of the Christian East and from Protestant understandings. Luther burned the canon law books, after all.

A new book from Yale explores perhaps the greatest sage of Jewish law who attempted a synthesis between faith and legal reasoning: Maimonides: Faith in Reason. The author is Alberto Manguel. Here’s the publisher’s description:

An exploration of Maimonides, the medieval philosopher, physician, and religious thinker, author of The Guide of the Perplexed, from one of the world’s foremost bibliophiles
 
Moses ben Maimon, or Maimonides (1138–1204), was born in Córdoba, Spain. The gifted son of a judge and mathematician, Maimonides fled Córdoba with his family when he was thirteen due to Almohad persecution of all non-Islamic faiths. Forced into a long exile, the family spent a decade in Spain before settling in Morocco. From there, Maimonides traveled to Palestine and Egypt, where he died at Saladin’s court.
 
As a scholar of Jewish law, a physician, and a philosopher, Maimonides was a singular figure. His work in extracting all the commanding precepts of Jewish law from the Hebrew Bible and the Talmud, interpreting and commenting on them, and translating them into terms that would allow students to lead sound Jewish lives became the model for translating God’s word into a language comprehensible by all. His work in medicine—which brought him such fame that he became Saladin’s personal physician—was driven almost entirely by reason and observation.
 
In this biography, Alberto Manguel examines the question of Maimonides’ universal appeal—he was celebrated by Jews, Arabs, and Christians alike. In our time, when the need for rationality and recognition of the truth is more vital than ever, Maimonides can help us find strategies to survive with dignity in an uncertain world.

Posted on by Mark Movsesian

Speaking at Cardozo Tomorrow

Just a note that I’ll participate in a panel discussion on the Supreme Court’s free exercise jurisprudence tomorrow at Cardozo Law School’s Floersheimer Center for Constitutional Democracy:

The Floersheimer Center for Constitutional Democracy is proud to present The Supreme Court and New Frontiers in Religious Liberty. Join us for a conversation with First Amendment experts and practitioners to discuss the future of First Amendment Free Exercise and Establishment Clause jurisprudence.

Cardozo Professor Michael Pollack will lead a discussion on the Court’s jurisprudence and its impact on civil liberties, religious liberty, and separation of church and state. Panelists include Cornell Professor of Law Nelson Tebbe (author of “Religious Freedom in an Egalitarian Age”), St. John’s Professor of Law Mark Movsesian (co-director of The Center for Law and Religion at St. John’s University Law School), Elizabeth Reiner Platt (Director of Columbia’s Law, Rights, and Religion Project), and Giselle Klapper (Sikh Coalition Senior Staff Attorney).

Proof of vaccination is required. Masks are required.

Details about tickets below. Friends of CLR, please stop by and say hello!

Posted on by Marc O. DeGirolami

Inaugural Conference of the Center for Law and the Human Person at CUA

I am delighted to be participating in this conference at Catholic University of America, Columbus School of Law, next Tuesday, which inaugurates the new Center for Law and the Human Person, directed by Elizabeth Kirk. The theme of the conference is “Rightly Ordered Law and the Flourishing of the Human Person.”

The title of my talk is “Notes on a New Humanism in Legal Education.” I’m told the conference will be recorded, but if you are in DC, please register at the link and do stop by and say hello! I’ll have more to say about the substance of the talk by and by.

Posted on by Marc O. DeGirolami

Law and Religion in the American Colonies

Here’s what looks like an extremely worthwhile historical study of the law of church and state in the 17th and 18th centuries before the American founding, Law and Religion in Colonial America: The Dissenting Colonies (Cambridge University Press), by Scott Douglas Gerber.

Law – charters, statutes, judicial decisions, and traditions – mattered in colonial America, and laws about religion mattered a lot. The legal history of colonial America reveals that America has been devoted to the free exercise of religion since well before the First Amendment was ratified. Indeed, the two colonies originally most opposed to religious liberty for anyone who did not share their views, Connecticut and Massachusetts, eventually became bastions of it. By focusing on law, Scott Douglas Gerber offers new insights about each of the five English American colonies founded for religious reasons – Maryland, Rhode Island, Pennsylvania, Connecticut, and Massachusetts – and challenges the conventional view that colonial America had a unified religious history.

Posted on by L&R Forum

Around the Web

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

  • In Greene v. Teslik, the 7th Circuit dismissed a Protestant inmate’s complaint that prison officials violated the Free Exercise clause by denying his access to prayer oil. The court concluded that the officials were protected by qualified immunity. The court remanded the prisoner’s Establishment Clause claim for further development at trial, however.
  • In Harmon v. City of Norman, Oklahoma, the 10th Circuit affirmed a trial court’s dismissal of challenges to the city’s disturbing-the-peace ordinance brought by anti-abortion activates who demonstrate outside abortion clinics. The court reasoned, in part, that the plaintiffs lacked standing to challenge the city ordinance.
  • In Ravan v. Talton, the 11th Circuit held that a Jewish plaintiff should have been able to move ahead with RLUIPA claims against a food service, and First Amendment Free Exercise claims against two food service workers, for denial of kosher meals on seven different occasions while he was in a county detention center. The court stated that “the number of missed meals is not necessarily determinative because being denied three Kosher meals in a row might be more substantial of a burden on religion [than] being denied three meals in three months.”
  • Becket, a non-profit religious freedom law firm, has petitioned the Supreme Court for certiorari in Synod of Bishops of the Russian Orthodox Church Outside of Russia v. Belya. The petition comes after the 2nd Circuit denied a bid by the Church to dismiss a defamation lawsuit brought by a former priest who claims he lost an appointment to become the bishop of Miami due to false accusations of fraud and forgery by church officials. In a 6-6 ruling, the court declined to reconsider the ruling made by a three-judge panel last September, with dissenting judges arguing that the decision would infringe on church autonomy.
  • The West Virginia Legislature passed the Equal Protection for Religion Act. The bill prohibits state action that hinders a person’s exercise of religion, unless there is a compelling governmental interest, and the least restrictive means are used. The bill passed the Senate in accelerated fashion after it voted 30-3 to suspend its rules that normally require three readings before a vote. 
  • The Department of Labor has rescinded a Trump-era rule that broadly defined the religious exemption in anti-discrimination requirements for government contractors and subcontractors. The DOL criticized the 2020 rule for increasing “confusion and uncertainty” and for raising a “serious risk” of allowing “contractors to discriminate against individuals based on protected classes other than religion.” The Office of Federal Contract Compliance Programs has emphasized that a qualifying religious organization cannot discriminate against employees based on any protected characteristics other than religion.
  • At a New York Public Library interfaith breakfast, Mayor Eric Adams delivered remarks in which he argued against a separation of church and state in American society. Adams’ chief adviser, Ingrid Lewis-Martin, declared at the event that the mayor’s administration “does not believe” it must “separate church from state.” Adams stated that many societal issues can be traced to a decline in faith. “When we took prayers out of schools, guns came into schools,” the mayor said.
Posted on by Mark Movsesian

On Global Politics and Interreligious Dialogue

Continuing our international and comparative theme in the book notes this week, this forthcoming book from Oxford, The Global Politics of Interreligious Dialogue: Religious Change, Citizenship, and Solidarity in the Middle East, looks interesting. The history of the Mideast contains episodes of peaceful interreligious exchange, like those described here, and interreligious strife. Let’s hope the sort of recent interactions the author, political scientist Michael Driessen (John Cabot University, Rome) describes continue. Here’s the publisher’s description:

Over the last thirty years, governments across the globe have formalized new relationships with religious communities through their domestic and foreign policies and have variously sought to manage, support, marginalize, and coopt religious forces through them. Many scholars view these policies as evidence of the “return of religion” to global politics although there is little consensus about the exact meaning, shape, or future of this political turn.

In The Global Politics of Interreligious Dialogue, Michael D. Driessen examines the growth of state-sponsored interreligious dialogue initiatives in the Middle East and their use as a policy instrument for engaging with religious communities and ideas. Using a novel theoretical framework and drawing on five years of ethnographic fieldwork, Driessen explores both the history of interreligious dialogue and the evolution of theological approaches to religious pluralism in the traditions of Roman Catholicism and Sunni Islam. He analyzes state-centric accounts of interreligious dialogue and conceptualizes new ideas and practices of citizenship, religious pluralism, and social solidarity that characterize dialogue initiatives in the region.

To make his case, Driessen presents four studies of dialogue in the Middle East–the Focolare Community in Algeria, the Adyan Foundation in Lebanon, KAICIID of Saudi Arabia, and DICID of Qatar–and highlights key interreligious dialogue declarations produced in the broader Middle East over the last two decades. Compelling and nuanced, The GlobalPolitics of Interreligious Dialogue illustrates how religion operates in contemporary global politics, offering important lessons about the development of alternative models of democracy, citizenship, and modernity.

Posted on by Marc O. DeGirolami

The Sociology of International Religious Freedom Litigation

Here’s what looks like an interesting new book about religious freedom advocacy in the international sphere, with interviews of some of the principal players: Faith in Courts: Human Rights Advocacy and the Transnational Regulation of Religion (Bloomsbury), by Lisa Harms.

The judicialisation of religious freedom conflicts is long recognised. But to date, little has been written on the active role that religious actors and advocacy groups play in this process. This important book does just that. It examines how Jehovah’s Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and their global support networks have litigated the right to freedom of religion at the European Court of Human Rights over the past 30 years. Drawing on in-depth interviews with NGOs, religious representatives, lawyers and legal experts, it is a powerful study of the social dynamics that shape transnational legal mobilisation and the ways in which legal mobilisation shapes discourses and conflict lines in the field of transnational law.

Posted on by L&R Forum

Around the Web

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

  • In Spell v. Edwards, the 5th Circuit affirmed dismissal of a suit brought by Pastor Spell and his church in which they claimed that their First Amendment rights were infringed upon when COVID orders barred their holding of church services.
  • In Riley v. New York City Health and Hospitals Corp., the Southern District of New York dismissed, without prejudice, a suit brought by a Christian nurse who was denied a religious exemption from the COVID vaccine mandate. She alleged that the denial violated her rights under Title VII and the Free Exercise Clause.
  • In Barr v. Tucker, the Southern District of Georgia denied a preliminary injunction sought by a Christian teacher who claimed she was retaliated against when she was terminated allegedly for complaining about books that had illustrations of same-sex couples with children.
  • Suit was filed in the case of The Catholic Store, Inc. v. City of Jacksonville in the Middle District of Florida. Queen of Angels Catholic Bookstore brought the suit to challenge, on Free Speech and Free Exercise grounds, Jacksonville’s public accommodations law, which requires businesses to address customers using their preferred pronouns and titles regardless of a customer’s biological sex.
  • In Din v. State of Alaska, the Alaska Supreme Court reversed dismissal of a suit brought by a Muslim inmate who sued because his requests to pray five times per day using scented oils and to eat halal meat were denied. The court found that the restrictions placed a substantial burden on his free exercise of religion.
  • In Bierig-Kiejdan v. Kiejdan, a New Jersey state appeals court held that a family court judge could not order parties involved in a divorce to return to arbitration to solve issues regarding which religious tribunal should oversee the issuance of a get (Jewish divorce document).
  • The Department of Education (“DOE”) issued a Notice of Proposed Rulemaking to rescind the Trump administration’s 2020 rules, which protected student religious groups at universities. The rules required public universities that receive DOE grants to grant religious groups all of the rights, benefits, and privileges that other student groups enjoy.
Posted on by Mark Movsesian

Wuthnow on Religion’s Power

The eminent sociologist of religion, Robert Wuthnow, must be one of the most prolific scholars alive. Now emeritus at Princeton, he continues to churn out books that are essential for understanding American religion in the 21st century. His new book, Religion’s Power: What Makes It Work (Oxford) focuses on the communal rituals that give religion its strength. Community is central to a plausible definition of religion (or at least it should be), and Wuthnow’s new book will no doubt help show why that is so. Here’s a description from the Oxford website:

What makes religion so powerful? Why does it attract so many followers? Raise so much money? Influence how people vote? The usual answer is that religion is powerful because it offers divine hope. But there is more to it than that. Why does a worship service seem powerful? Why is it powerful to hear someone testify about their faith? Who sets the rules for who can be a member and who cannot? What does religion do to reinforce gender and racial differences? Or to challenge them?

Religion’s Power takes a fresh look at these questions by examining what happens during religious rituals to signal the leader’s power, the power of the deity being worshipped, and, inadvertently, why some people in the congregation are deemed more powerful than others. Robert Wuthnow explores how religious narratives are constructed to demonstrate sincerity, how religious organizations control time by controlling space, how codified knowledge gives religious organizations power, and the small ways in which religion shapes identities and politics. Building on classical work in the sociology of religion and drawing extensively on historical and ethnographic studies, Religion’s Power foregrounds cases ranging from nineteenth-century church organ and lightning rod controversies to current clashes about border walls and racial justice. This is a book for beginning students of religion as well as for advanced scholars and for practitioners, fellow travelers, and critics who want to understand better what makes religion powerful.

Posted on by Mark Movsesian

St. Vartan and Christian Identity

Every February, the Armenian Church, to which I belong, commemorates St. Vartan, a fifth century warrior saint who died in a battle against the Persian Empire, which sought to forcibly convert Armenians from Christianity to Zoroastrianism. Vartan and his companions lost the battle of Avarayr, but the rebellion he led continued and eventually succeeded a generation later under his nephew, Vahan. The Persian Empire abandoned the campaign to eradicate Christianity in Armenia and Armenians have remained Christians ever since.

Last week, St. Vartan Armenian Cathedral in New York City invited me to give the keynote address at its annual commemoration of St. Vartan Day. My remarks addressed what the story of Vartan and his companions reveals about the links between Christianity and cultural identity. Like Joan of Arc, and unlike most warrior saints, Vartan represents a specifically national expression of Christianity, not Christianity-in-General. I also addressed the story’s resonance today, when Armenians once again face existential peril in Karabakh. In case my remarks may interest a wider audience, the church has posted my remarks at this link.

Here’s an excerpt:

The story of Vartan and his companions is a stirring one and, for us Armenian Christians, a miracle: the working out of a Providential design that included abandonment, failure, betrayal, and sacrifice—but also courage and perseverance and ultimate victory. It is also a story that resonates in our own time. Once again, today, Armenians face grave danger from an external enemy that seeks to eliminate a specifically Armenian Christian identity in our historic home, and once again the situation looks dire. As we gather this evening, the Azeri government is blockading 120,000 Armenian Christians in Artsakh in an attempt to force them to leave the region—an obvious ethnic cleansing campaign. In his roughly contemporaneous account of Vartan and his companions, written at the end of the Fifth Century, Ghazar Parpetsi tells his readers that he will describe “events, times and occurrences in the land of Armenia over the turbulent centuries, periods of occasional peace and times of intense and endless confusion.” Today Armenians are again living through a “time of intense confusion,” about what is happening in our homeland and how we can best respond, both in our homeland and in a diaspora that extends far beyond what Parpetsi could ever have imagined.

There are many ways to understand the story of Vartan and his companions: in terms of imperial politics, military strategy, or even economics. Parpetsi writes of how rich the land of Armenia was, how tempting a prize for the Persian king. But I would like to reflect this evening on two aspects of the story. The first is what the story reveals about the link between Christianity and Armenian identity. For us, and for the people around us, Christianity is the essential element in our culture—the thing that distinguishes us from our neighbors and that, periodically, makes them perceive our collective existence as a challenge. Second, I would like to reflect on what the story reveals about the need for perseverance and shrewdness in the face of oppression and about the ultimate victory of God’s plan.