Here are some important law-and-religion news stories from around the web:
- On Monday, the Biden Administration filed an emergency application with Justice Alito after the 5th Circuit upheld a preliminary injunction which protects Navy service members from facing consequences for their faith-based opposition to COVID-19 vaccines.
- In Byrne v. Bowser, suit was filed in the D.C. federal district court by a nun who is a surgeon and family physician after she was denied a religious exemption from the District’s vaccine requirement for health care professionals.
- In Dugan v. Bowser, suit was filed in the D.C. federal district court by parents of Catholic school students alleging that imposing the mask mandate on Catholic schools violates the Religious Freedom Restoration Act and the First Amendment.
- In Temple of 1001 Buddhas v. City of Fremont, a California federal district court dismissed a suit by a religious adherent who lives on property owned by the Temple of 1001 Buddhas. The claimant challenged the city’s enforcement of the state’s building, electrical, and plumbing codes as a violation of RLUIPA.
- In Ferrelli v. State of New York Unified Court System, a New York federal district court upheld the system for determining whether employees are entitled to religious exemptions from the COVID vaccine mandate imposed on all judges and employees of the New York State court system. The court concluded that the exemption process was neutral and generally applicable.
- Virginia senators block a bill that would have prevented the governor from using an executive order to impose restrictions on the exercise of religion and would have prevented any such rule, regulation, or order from any governmental entity.
- The EEOC has provided employers with updated guidance regarding religious objections to COVID-19 vaccinations.
Next month, Harvard will release
When one thinks about the historical role of the religion in American foreign policy in Asia, the first religion that comes to mind is Christianity. The need to protect Evangelical missionaries dictated much American foreign policy in China in the late nineteenth and early twentieth centuries, for example. A new book from Yale University Press,
ways in which it is influencing China’s future.
Since the 2006 coup d’état, Thailand has been riven by two opposing political visions: one which aspires to a modern democracy and the rule of law, and another which holds to the traditional conception of a kingdom ruled by an exemplary Buddhist monarch. Thailand has one of the world’s largest populations of observant Buddhists and one of its last politically active monarchies. This book examines the Theravada Buddhist foundations of Thailand’s longstanding institution of monarchy. Patrick Jory states that the storehouse of monarchical ideology is to be found in the popular literary genre known as the Jātakas, tales of the Buddha’s past lives. The best-known of these, the Vessantara Jātaka, disseminated an ideal of an infinitely generous prince as a bodhisatta or future Buddha—an ideal which remains influential in Thailand today. Using primary and secondary source materials largely unknown in Western scholarship, Jory traces the history of the Vessantara Jātaka and its political-cultural importance from the ancient to the modern period. Although pressures from European colonial powers and Buddhist reformers led eventually to a revised political conception of the monarchy, the older Buddhist ideal of kingship has yet endured.
Drawing on groundbreaking research from Sri Lanka, this book argues persuasively for another possibility: when it comes to religion, relying on constitutional law may not be helpful, but harmful; constitutional practice may give way to pyrrhic constitutionalism. Written in a lucid and direct style, and aimed at both specialists and non-specialists, Buddhism, Politics and the Limits of Law explains why constitutional law has deepened, rather than diminished, conflicts over religion in Sri Lanka. Examining the roles of Buddhist monks, civil society groups, political coalitions and more, the book provides the first extended study of the legal regulation of religion in Sri Lanka as well as the first book-length analysis of the intersections of Buddhism and contemporary constitutional law.
The Buddha Party tells the story of how the People’s Republic of China employs propaganda to define Tibetan Buddhist belief and sway opinion within the country and abroad. The narrative they create is at odds with historical facts and deliberately misleading but, John Powers argues, it is widely believed by Han Chinese. Most of China’s leaders appear to deeply believe the official line regarding Tibet, which resonates with Han notions of themselves as China’s most advanced nationality and as a benevolent race that liberates and culturally uplifts minority peoples. This in turn profoundly affects how the leadership interacts with their counterparts in other countries. Powers’s study focuses in particular on the government’s “patriotic education” campaign-an initiative that forces monks and nuns to participate in propaganda sessions and repeat official dogma. Powers contextualizes this within a larger campaign to transform China’s religions into “patriotic” systems that endorse Communist Party policies. This book offers a powerful, comprehensive examination of this ongoing phenomenon, how it works and how Tibetans resist it.
This is the first book to provide a broad overview of the ways in which Buddhist ideas have influenced political thinking and politics in Myanmar. Matthew Walton draws extensively on Burmese language sources from the last 150 years to describe the ‘moral universe’ of contemporary Theravada Buddhism that has anchored most political thought in Myanmar. In explaining multiple Burmese understandings of notions such as ‘democracy’ and ‘political participation’, the book provides readers with a conceptual framework for understanding some of the key dynamics of Myanmar’s ongoing political transition. Some of these ideas help to shed light on restrictive or exclusionary political impulses, such as anti-Muslim Buddhist nationalism or scepticism towards the ability of the masses to participate in politics. Walton provides an analytical framework for understanding Buddhist influences on politics that will be accessible to a wide range of readers and will generate future research and debate.
among the various communities in the country. Immediately following the war’s end, however, almost 300,000 Tamil people in the Northern Province were detained for up to a year’s time in hurriedly constructed camps where they were closely scrutinized by military investigators to determine whether they might pose a threat to the country. While almost all had been released and resettled by 2011, the current government has not introduced, nor even seriously entertained, any significant measures of power devolution that might create meaningful degrees of autonomy in the regions that remain dominated by Tamil peoples. The Sri Lankan government has grown increasingly autocratic, attempting to assert its control over the local media and non-governmental organizations while at the same time reorienting its foreign policy away from the US, UK, EU, and Japan, to an orbit that now includes China, Burma, Russia and Iran. At the same time, hardline right-wing groups of Sinhala Buddhists have propagated-arguably with the government’s tacit approval-the idea of an international conspiracy designed to destabilize Sri Lanka. The local targets of these extremist groups, the so-called fronts of this alleged conspiracy, have been identified as Christians and Muslims. Many Christian churches have suffered numerous attacks at the hands of Buddhist extremists, but the Muslim community has borne the brunt of the suffering.