Around the Web

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

Around the Web

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

  • A proposed bill would safeguard the citizenship of any American pope and exempt him from taxes while serving. 
  • A federal judge allowed a psychedelic mushroom-using religious group’s lawsuit against Provo City and Utah County to proceed and paused the criminal case against its founder. 
  • A federal district judge blocked an Arkansas law mandating the display of the Ten Commandments in classrooms. 
  • In Jumilla, Spain, a new law bans the use of city sports facilities for cultural, social, or religious activities not organized by the City Council. 
  • The Trump administration has released new guidelines reminding federal agencies that religious expression in the workplace is protected.  
  • The Chinese Communist Party announced new restrictions on religious practice by foreigners in mainland China. 
  • President Trump issued an executive order requiring banks to prevent and address politicized or unlawful debanking based on customers’ political or religious beliefs or lawful business activities. 

Legal Spirits 069: The Consent of the Governed

Source: National Archives

In this episode of Legal Spirits, Center Director Mark Movsesian talks with legal scholar Steven D. Smith about a question that goes to the heart of American law and politics: What happens when people stop believing in “the consent of the governed”? Drawing on Smith’s new paper, The Collapse of Consent, they explore how this once-powerful idea has shifted over time—from a principle rooted in natural law and divine authority to a secular fiction that’s becoming harder to sustain. In an increasingly polarized society, can America’s founding narrative still hold us together? A deep and thought-provoking conversation about legitimacy, identity, and the future of our legal order.

Around the Web

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

  • In Frankel v. Regents of the University of California, the federal government and University of California reached a settlement regarding Anti-Semitism charges.
  • In Jordan v. Rubio, a D.C. federal district court found that the State Department violated RFRA by denying the plaintiff a passport when she refused to provide a birth certificate for religious reasons.
  • In United States v. Safehouse, the 3rd Circuit held that RFRA and the Free Exercise clause apply to corporate entities that exercise religion. 
  • In Kane v. City of New York, petition for certiorari was filed where the 2nd Circuit affirmed denial of religious exemptions for Covid vaccine mandates on public school staff. 
  • Two state tuition assistance programs in Virginia have denied grants to various students pursuing educational programs based on religious training.
  • In Washington, a federal court blocked a law that would require priests to face jail time or break the “seal of confession” regarding reports of abuse. 

Movsesian on the Washington State Clergy Reporting Law

Delighted to be interviewed in today’s National Catholic Reporter on the Washington State law that requires priests to report information about child abuse that they receive during the sacrament of confession. Here’s a snippet:

At the heart of this legal case is a conflict between the free exercise clause of the First Amendment, which guarantees religious freedom, and the state’s compelling interest to prosecute child sex abuse, said Mark Movsesian, director of the Mattone Center for Law and Religion at St. John’s School of Law in New York. He said that if a law selects religion for “disfavored treatment,” the state must prove why the law is necessary and that it is as unrestrictive as possible. Movsesian also said that the Washington law targets clergy-penitent privilege within the sacrament of confession, but does not lift attorney-client privilege in the reporting of abuse cases. 

“I think it’s going to be hard for Washington to say: ‘We have a compelling interest in having priests reveal what they learned in confession, but we don’t have a compelling interest in making lawyers reveal what they hear in their client’s confidence,'” Movsesian said.  

You can read the article here.

Legal Spirits 068: Religion at the Court: October Term 2024 Recap

In this episode of Legal Spirits, we review the Supreme Court’s major religion cases from the October 2024 Term. From religious charter schools to religious exemptions to parental rights in public education, the Court addressed long-standing issues—and, in one case, made a dramatic move. Join Center Director Mark Movsesian and guest John McGinnis as they unpack the implications of Drummond, Catholic Charities Bureau, and Mahmoud v. Taylor.

Caviar Diplomacy at the Vatican

Over the past year, Azerbaijan has increased its presence in Rome—funding the restoration of St. Paul Outside the Walls and co-sponsoring interfaith conferences at the Gregorian University. These initiatives have been welcomed as gestures of tolerance and dialogue. But they also raise difficult questions.

In First Things Magazine, I explore what Azerbaijan’s “caviar diplomacy” means for the Vatican’s moral witness—particularly in light of Baku’s ongoing campaign of cultural erasure against Armenian Christians. If the Church is serious about ecumenism with the Christian East, it must be willing to speak plainly, even when uncomfortable.

Read the full piece here: https://firstthings.com/the-vaticans-duty-to-armenian-christians/.

ICLARS Webinar Tomorrow

Tomorrow, ICLARS will host a webinar on comparative approaches to law and religion, hosted by scholar Renee Barker (University of Western Australia). Details below:

Legal Spirits 067: Confession and the Constitution

In this episode of Legal Spirits, we examine a new Washington State law that eliminates the clergy-penitent privilege in child abuse reporting. The law requires clergy to report suspected abuse, even if they learn about it through Confession and other confidential spiritual communications—raising serious questions under the Free Exercise Clause. Host Mark Movsesian and guest Marc DeGirolami discuss the legal framework, historical background, and broader implications for religious liberty. Listen in!

Mattone Center Alum Dan Vitagliano to Clerk for Supreme Court

Exciting news! I can announce today that Mattone Center alum Dan Vitagliano will clerk for Associate Justice Clarence Thomas of the Supreme Court of the United States in October Term 2027. Dan, who graduated from St. John’s Law summa cum laude in 2020, was a student fellow in the Mattone Center for two years, 2018-2019 and 2019-2020, and is the first graduate of St. John’s ever to be selected for a Supreme Court clerkship.

Following graduation, Dan clerked for Judge Mary Kay Vyskocil ’83 of the Southern District of New York and Judge Kyle Duncan of the Fifth Circuit, and worked as a Constitutional Law Fellow at the Becket Fund for Religious Liberty, where he litigated constitutional cases involving religious liberty and free speech in federal and state courts. He is currently an associate at Consovoy McCarthy in DC.

I’ll have more about Dan in a future post, but for now I just want to say how happy and proud all of us at the Mattone Center are for him. I’m sure my former colleague and co-director of the Center, Marc DeGirolami, joins us. Congratulations, Dan!