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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  • The Department of Labor has rescinded a Trump-era rule that broadly defined the religious exemption in anti-discrimination requirements for government contractors and subcontractors.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.

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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.

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Symposium on the Rise of the Nones and American Law

The Center for Law and Religion at St. John’s Law School invites you to attend:  The Rise of the Nones and American Law. Millions of Americans—perhaps as high as 30% of the adult population—now tell surveyors that they have no religious affiliation. Most of these Americans, the “Nones,” do not reject belief, but traditional religious organizations. They have their own, personal spiritual commitments that draw on many sources. The Nones, who are beginning to show up in the case law, have the potential to transform establishment and free exercise jurisprudence.  

Join us for a panel discussion about these issues with Professors Steven Collis (University of Texas Law School), Mark Movsesian (St. John’s), Gregory Sisk (University of St. Thomas School of Law), and Judge Mary Kay Vyskocil (U.S. District Court for the Southern District of New York).  This event is co-sponsored by the ST. JOHN’S JOURNAL OF CATHOLIC LEGAL STUDIES.  

Date
Thursday, March 23, 2023 

Time
5:30 – 8:30 p.m. 

Location
New York Athletic Club
180 Central Park South
New York, NY 10019 

Register to Attend
The event is free, but space is limited, so please register in advance (When registering, use password SPRING). 

Please see the following link for invitation details:Invitation
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Around the Web

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

  • In Abiding Place Ministries v. Newsom, a California federal district court allowed a church to move ahead with its Free Exercise, Freedom of Assembly, Establishment Clause, Free Speech and Equal Protection claims against San Diego County for enforcing Covid restrictions against public gatherings. However, the court held that the county’s public health officer had qualified immunity against damage claims because there was “no clear precedent” in 2020 that would have put the officer on notice that such restrictions were “clearly and definitively unconstitutional.”
  • An ex-deputy sheriff filed a lawsuit in a Washington federal district court alleging that Chelan County Sheriff’s Office employees pressured him to join the “‘alt-right’ militant” Grace City Church and to attend its twelve-week marriage counseling program. The complaint in Shepard v. Chelan County alleges violation of Title VII, the Washington Law Against Discrimination and the Establishment Clause.
  • Three anti-abortion protesters filed suit against the National Archives after its security officers required them to cover their pro-life t-shirts and remove pro-life buttons and hats while they were visiting the museum. The suit, Tamara R. v. National Archives and Records Administration, filed in the D.C. federal district court, was settled and a consent decree was signed which enjoined the National Archives from prohibiting visitors from wearing attire that displays religious or political speech.
  • In Grullon v. City of New York, a New York trial court held that the New York Police Department was arbitrary and capricious in its denial of a police officer’s religious objections to the Department’s Covid vaccine. The court determined that the police officer is entitled to employment with a reasonable accommodation of weekly Covid testing.
  • In New Brunswick v. His Tabernacle Family Church Inc., a trial court in New Brunswick, Canada refused to hold a church in contempt for a violation of Covid restrictions, stating that it was not unequivocally clear that the church knew it was in violation of a previous consent decree. After signing the consent decree, the church had moved its services to a commercial tent in order to avoid restrictions on gatherings in “public indoor spaces” but once the weather became colder, the church lowered the sides of the tent, which the Province contended created an enclosed space.
  • In Volokh v. James, a New York federal district court issued a preliminary injunction barring enforcement of New York’s Hateful Conduct Law against social media platforms. The court found that the social media platforms were likely to succeed in both their facial and “as applied” free speech challenges because the law both compelled “social media networks to speak about the contours of hate speech” and it chilled “the constitutionally protected speech of social media users”, without articulating a compelling governmental interest.
Posted on by Mark Movsesian

A New Book on Christian-Muslim Relations in Syria

With the news of this month’s devastating earthquake, the world is again turning its attention to Syria. The earthquake has deeply affected many of the world’s oldest Christian communities–as well as many of the world’s oldest Muslim communities. A timely book from Routledge, Christian-Muslim Relations in Syria: Historic and Contemporary Religious Dynamics in a Changing Context, explores the relationship between these two faith communities. The author is Andrew W.H. Ashdown, an Anglican priest with long experience in the country. Here’s the description from the publisher’s website:

Offering an authoritative study of the plural religious landscape in modern Syria and of the diverse Christian and Muslim communities that have cohabited the country for centuries, this volume considers a wide range of cultural, religious and political issues that have impacted the interreligious dynamic, putting them in their local and wider context.

Combining fieldwork undertaken within government-held areas during the Syrian conflict with critical historical and Christian theological reflection, this research makes a significant contribution to understanding Syria’s diverse religious landscape and the multi-layered expressions of Christian-Muslim relations. It discusses the concept of sectarianism and how communal dynamics are crucial to understanding Syrian society. The complex wider issues that underlie the relationship are examined, including the roles of culture and religious leadership; and it questions whether the analytical concept of sectarianism is adequate to describe the complex communal frameworks in the Middle Eastern context. Finally, the study examines the contributions of contemporary Eastern Christian leaders to interreligious discourse, concluding that the theology and spirituality of Eastern Christianity, inhabiting the same cultural environment as Islam, is uniquely placed to play a major role in interreligious dialogue and in peace-making.

The book offers an original contribution to knowledge and understanding of the changing Christian-Muslim dynamic in Syria and the region. It should be a key resource to students, scholars and readers interested in religion, current affairs and the Middle East.

Posted on by Marc O. DeGirolami · 1 Comment

Religious Speech as Free Speech Prototype

In my class this semester on Freedom of Speech and Freedom of Inquiry, I have been struck by how many of the foundational arguments for and against tolerance for free speech have been made in the context of religious belief and expression. Whether it is Hobbes’ antagonism toward such speech in Book II.29 of “Leviathan,” or Locke’s defense of toleration in his “Letter,” or again Madison’s “Memorial and Remonstrance,” and so on, the root exemplar of free speech historically was religious speech.

A new book treats this subject systematically, Religious Speech and the Quest for Freedoms in the Anglo-American World, by Wendell Bird (Cambridge University Press), and argues for a similar conclusion, it appears.

In the secular, contemporary world, many people question the relevance of religion. Many also wonder whether religiously-informed speech and beliefs should be tolerated in the public square, and whether religions hinder freedom. In this volume, Wendell Bird reminds us that our basic freedoms are the important legacies of religious speech arising from the Judeo-Christian tradition. Bird demonstrates that religious speech, rather than secular or irreligious speech based on other belief systems, historically made the demands and justifications for at least six critical freedoms: speech and press, rights for the criminally accused, higher education, emancipation from slavery, and freedom from discrimination. Bringing an historically-informed approach to the development of some of the most important freedoms in the Anglo-American world, this volume provides a new framework for our understanding of the origins of crucial freedoms. It also serves as a powerful reminder of an aspect of history that is steadily being forgotten or overlooked-that many of our basic freedoms are the historical legacies of religious speech arising from Judeo-Christian faiths.