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:

Wilson & Drakeman’s Church-State Reader

I’m delighted to notice this new church-state reader put together by John F. Wilson (Princeton, emeritus) and our longtime friend and center board member, Donald L. Drakeman, Church and State in American History: Key Documents, Decisions, and Commentary from Five Centuries (4th edition, Routledge). Don kindly informs me that what is new about this edition of the reader is a greatly expanded historical section before the American founding, beginning with the Biblical texts and proceeding through the early Christian and medieval era. It also has the American context, the big Supreme Court cases, and so on.

Every time I teach a church-state course of any kind, I cobble together material from a number of different sources as a kind of rapid introduction for students to this area of the law. This book looks like a handy solution. And I’m sure it’s written with Don’s typical flair and panache.

Here is the description from Routledge:

Church and State in American History illuminates the complex relationships among the political and religious authority structures of American society, and illustrates why church-state issues have remained controversial since our nation’s founding. It has been in classroom use for over 50 years.

John Wilson and Donald Drakeman explore the notion of America as “One Nation Under God” by examining the ongoing debate over the relationship of church and state in the United States. Prayers and religious symbols in schools and other public spaces, school vouchers and tax support for faith-based social initiatives continue to be controversial, as are arguments among advocates of pro-choice and pro-life positions. The updated 4th edition includes selections from colonial charters, Supreme Court decisions, and federal legislation, along with contemporary commentary and incisive interpretations by modern scholars. Figures as divergent as John Winthrop, Anne Hutchinson, James Madison, John F. Kennedy, and Sandra Day O’Connor speak from these pages, as do Robert Bellah, Clarence Thomas, and Ruth Bader Ginsberg.

The continuing public and scholarly interest in this field, as well as a significant evolution in the Supreme Court’s church-state jurisprudence, renders this timely re-edition as essential reading for students of law, American History, Religion, and Politics.

On Blue Laws

Here is something interesting from a book I’m reviewing now by Professor Greg Weiner, The Political Constitution: The Case Against Judicial Supremacy, which takes Justice Felix Frankfurter’s later views of constitutional jurisprudence as in some respects a model for today. Here, Weiner discusses Frankfurter’s view of the Blue Laws, which forbade a wide range of commercial activities on Sunday in order to recognize the sabbath day for Christians, in a famous case called McGowan v. Maryland (1961). The Court upheld these laws for a rather peculiar reason: that “the record is barren” of reasons to *disprove* that forbidding the sales of certain products on Sunday does not contribute to the rationalized well-being of the citizenry.

Justice Frankfurter concurred. Here is a bit from the book with some material from the Frankfurter opinion quoted:

The effect of the law was to set Sundays apart as ‘a day of rest not merely in a physical, hygienic sense, but in the sense of a recurrent time in the cycle of human activity when the rhythms of existence changed, a day of particular associations which came to have their own autonomous values for life.’ Perhaps most important, rather than seeing the case as one pitting lone objectors against the state, Frankfurter recognized the individual’s situation in the context of a political community whose ‘spirit…expresses in goodly measure the heritage which links it to its past’ and which could reasonably decide to create an ‘atmosphere of general repose’ that would be disrupted by exempting individuals from the law.

In other words, the majority of the community was entitled to impose regulations that created what it regarded as conditions for living a good life, which included leisure, community interaction, and, yes, a particular convenience for members of the dominant religion….The religious heritage of blue laws was part of the traditions of a community, which could not regard itself as existing simply in the here and now. (97-98)

I’ll have more to say about the book, and claims like the one above, soon.

Around the Web

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

On the Armenian Genocide Resolution

On the First Things website, I have an essay on Lindsey Graham’s decision earlier this month to block a Senate measure commemorating the Armenian Genocide of 1915, and how his decision threatens Christians who live in the Middle East today. Senator Graham’s decision was inexplicable, I wrote, given what he has said about Turkey’s aggression in Syria, which has revived ISIS and led to new attacks on Christians, including one that killed a Catholic priest:

What is one to make of Senator Graham? He has expressed outrage at Turkey’s invasion of Syria. He recently suggested that NATO should expel Turkey for threatening the Kurdish militias who helped destroy ISIS. But his comments and his vote to block the Genocide resolution will only embolden Turkey and threaten the region’s Christians even more. Turkey does not see ISIS as a terrible problem and would happily accept the group’s revival, if that means injuring the Syrian Kurds. 

That local Christians like Fr. Bidoyan will pay the price for the revival of ISIS is, to put it mildly, not a difficulty for Turkey. What difference would it make? In 100 years, people like Graham will suggest the suffering was all a fantasy, anyway. It won’t be the Armenian Christians who died in 1915 who will pay for Graham’s actions. It will be the dwindling and threatened Christian minority in the Middle East today.  

Graham now says he was complying with requests from White House staff, who did not want to scuttle negotiations with Turkey over the placement of a Russian missile-defense system. If that was his reason, he should have said so, rather than accuse the resolution’s supporters of trying to “sugercoat” history. Graham says this was a one-off and he will not oppose the resolution in the future. So now the White House has reached out to other GOP senators to do the same thing. Stay tuned.

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:

Legal Spirits Episode 016: The New Wedding Vendor Cases

In this episode, we discuss recent court rulings in favor of wedding vendors who decline, from religious conviction, to provide services for same-sex weddings. After years of losing such cases, vendors like Joanna Duka and Breanna Koski of Phoenix’s Brush & Nib Studio (above) have won notable victories in the lower courts. We ask whether these victories reflect the changing membership of the judiciary–especially given the new Trump appointees to the federal appeals courts–and how the Supreme Court is likely to respond to them. Listen in!

Around the Web

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