Posted on by L&R Forum

Around the Web

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

  • The 10th Circuit held that that the nondiscrimination requirements of Colorado’s Universal Preschool Program do not violate the free exercise or expressive association rights of Catholic schools by excluding them from the program due to their policy of considering the sexual orientation and gender identity of applicants and their parents in making admissions decisions. The Court cited the program’s general applicability in reaching their decision that it does not discriminate against religious schools specifically.
  • A federal district court in Idaho ruled that a charter school violated Truth Family Bible Church’s First Amendment rights when it canceled a lease that allowed the church to hold Sunday services inside its gymnasium.
  • Students and former students at Brooklyn yeshivas, as well as parents, filed a class action lawsuit claiming that New York allows yeshivas to meet state education requirements “without reliably teaching core subjects such as English, math and civics.”
  • An Illinois state appellate court held that the state’s Insurance Abortion Coverage Mandate did not violate a Baptist group’s rights under the Illinois Religious Freedom Restoration Act. The Court reasoned that since the group is neither required to provide insurance that is regulated by the Illinois Department of Insurance, or any insurance at all for that matter, nor subject to any tax or penalty for failing to provide this type of insurance, the regulation did not violate the group’s rights.
  • King Charles announced that he has approved the nomination of Bishop Sarah Mullally for election by the College of Canons of Canterbury Cathedral as Archbishop of Canterbury. Bishop Mullally would be the first woman to hold the position.
  • The FDA recently approved a generic version of the abortion pill, mifepristone. Conservatives objected to the move, including Sen. Bill Cassidy (R-La.), who called approval of the pill “a betrayal.”

Posted on by Mark Movsesian

The Legal History of the Church of England

When the Framers of the First Amendment thought of an established church, they would have had one particular example in mind: the Established Church of England. But the laws respecting the establishment of religion in Britain have changed across the centuries. Establishment today does not mean what it did in the 18th century–or the 16th, for that matter. A new collection of essays from Bloomsbury, The Legal History of the Church of England: From the Reformation to the Present, explores the changes. The editors are Norman Doe, who directs our sister Centre for Law and Religion at Cardiff University and whose work we have noted many times, and Stephen Coleman, the Cardiff Centre’s Assistant Director. Here is the publisher’s description:

This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day.

It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries.

The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property.

Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.

Posted on by L&R Forum

Around the Web

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

Posted on by Jason Mansmann

Marshall, “Heretics and Believers”

In June, Yale University Press will release Heretics and Believers: A History of the English Reformation by Peter Marshall (University of Warwick). The publisher’s description follows:

Heretics and BelievesA sumptuously written people’s history and a major retelling and reinterpretation of the story of the English Reformation

Centuries on, what the Reformation was and what it accomplished remain deeply contentious. Peter Marshall’s sweeping new history—the first major overview for general readers in a generation—argues that sixteenth-century England was a society neither desperate for nor allergic to change, but one open to ideas of “reform” in various competing guises. King Henry VIII wanted an orderly, uniform Reformation, but his actions opened a Pandora’s Box from which pluralism and diversity flowed and rooted themselves in English life.

With sensitivity to individual experience as well as masterfully synthesizing historical and institutional developments, Marshall frames the perceptions and actions of people great and small, from monarchs and bishops to ordinary families and ecclesiastics, against a backdrop of profound change that altered the meanings of “religion” itself. This engaging history reveals what was really at stake in the overthrow of Catholic culture and the reshaping of the English Church.

Posted on by Christina Vlahos

“Great Christian Jurists in English History” (Helmholz & Hill, eds.)

In May, the Cambridge University Press will release “Great Christian Jurists in English History,” edited by Mark Hill (FTB Chambers) and R. H. Helmholz (University of Chicago).  The publisher’s description follows:

The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their 9781107190559Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

Posted on by Liam Ray

Belloc, “Characters of the Reformation”

In April, Ignatius Press will release a new paperback edition of Characters of the Reformation by Hilaire Belloc. The publisher’s description follows:

characters-of-the-reformationOne of the most fascinating books ever written by the great Catholic historian Belloc, he presents  in bold colors the 23 principal characters of the Protestant Reformation, focusing primarily on those figures concerned with the events in England, analyzing their strengths, mistakes, motives and deeds which changed the course of history.

Among the characters he examines are Henry VIII, Anne Boleyn, Elizabeth I, St. Thomas More, Mary Tudor, Thomas Cromwell, William Cecil, Mary Stuart, Cardinal Richelieu and many more. Belloc illustrates how the motives of the Protestant leaders were rarely religious in nature, but usually political or economic. He underscores the fact that European Christendom was once a single united entity, under the authority of the Catholic Church, each country viewing itself as a single “province” of the whole.

Many of Europe’s Princes resented the power that the Bishop of Rome held in their own lands. The Reformation, aided by the rise of Nationalism, was a means for the nobles of Europe to shake off Papal authority and rule their territory independently. It also gave European monarchs control over the Church and all of its property in their realm, including the taxes that would normally be sent to Rome.

The nobles grew rich by confiscating the wealth of the Church, and resisted reconciliation if that meant returning the wealth to its rightful owner. In subsequent generations, the fear of this possibility gave the noble classes an incentive to remain in the Protestant camp. Belloc warns that this breakup of Christendom may still destroy our Christian civilization.

Even those who think they do not like history will be unable to put this book down as it brings history vividly to life. As usual, Belloc’s historical perspective offers timeless wisdom and insight rarely seen in modern times.

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Bulman, “Anglican Enlightenment”

This April, Cambridge University Press will release “Anglican Enlightenment: Orientalism, Religion and Politics in England and its Empire, 1648–1715” by William Bulman (Lehigh University).  The publisher’s description follows:

Anglican EnlightenmentAn original interpretation of the early European Enlightenment and the religious conflicts that rocked England and its empire under the later Stuarts. In a series of vignettes that move between Europe and North Africa, William Bulman shows that this period witnessed not a struggle for and against new ideas and greater freedoms, but a battle between several novel schemes for civil peace. Bulman considers anew the most apparently conservative force in post-Civil War English history: the conformist leadership of the Church of England. He demonstrates that the Church’s historical scholarship, social science, pastoral care, and political practice amounted not to a culturally backward spectacle of intolerance, but to a campaign for stability drawn from the frontiers of erudition and globalisation. In seeking to sever the link between zeal and chaos, the church and its enemies were thus united in an Enlightenment project, but bitterly divided over what it meant in practice.

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“‘Settling the Peace of the Church’: 1662 Revisited” (Keeble, ed.)

In December, Oxford University Press will release “‘Settling the Peace of the Church’: 1662 Revisited”  edited by N. H. Keeble (University of Stirling). The publisher’s description follows:

The 1662 Act of Uniformity and the consequent “ejections” on August 24 (St. Bartholomew’s Day) of those who refused to comply with its stringent conditions comprise perhaps the single most significant episode in post-Reformation English religious history. Intended, in its own words, “to settle the peace of the church” by banishing dissent and outlawing Puritan opinion it instead led to penal religious legislation and persecution, vituperative controversy, and repeated attempts to diversify the religious life of the nation until, with the Toleration Act of 1689, its aspiration was finally abandoned and the freedom of the individual conscience and the right to dissent were, within limits, legally recognised. Bartholomew Day was hence, unintentionally but momentously, the first step towards today’s pluralist and multicultural society.

This volume brings together nine original essays which on the basis of new research examine afresh the nature and occasion of the Act, its repercussions and consequences and the competing ways in which its effects were shaped in public memory. A substantial introduction sets out the historical context. The result is an interdisciplinary volume which avoids partisanship to engage with episcopalian, nonconformist, and separatist perspectives; it understands “English” history as part of “British” history, taking in the Scottish and Irish experience; it recognises the importance of European and transatlantic relations by including the Netherlands and New England in its scope; and it engages with literary history in its discussions of the memorialisation of these events in autobiography, memoirs, and historiography. This collection constitutes the most wide-ranging and sustained discussion of this episode for fifty years.

Posted on by Mark Movsesian

Where the Queen Prays in Scotland

crathie2
Crathie Kirk

As everyone knows, Scotland votes tomorrow on whether to remain part of the United Kingdom. In Scotland last Sunday, Queen Elizabeth made a statement most have interpreted as a commentary on the situation. Scots should think very carefully about the future, she said.

I’m sure the Queen meant that Scots should vote “No.” How could she have meant otherwise? What interests me, though, is that she made the statement after services at Crathie Kirk, a parish of the Church of Scotland. In fact, she regularly worships at Crathie Kirk when she’s in Scotland, at her Balmoral estate.

Now, Queen Elizabeth is the Supreme Governor of the Church of England, the Mother Church of the worldwide Anglican communion. The Church of Scotland is not Anglican, but Presbyterian. Relations between the two churches are cordial (though they have not always been so), but the Queen is not a Presbyterian. She’s an Anglican. So why does she regularly worship in the Scottish Kirk? Are there no Church of England parishes near Balmoral? Couldn’t she fly in a vicar from London?

As far as I can tell, this arrangement is one of those historical accommodations that have ripened into custom. The Treaty of Union of 1707 — the treaty Scots may overturn tomorrow — requires the British Monarch to preserve the Church of Scotland. The Monarch takes an oath to that effect upon accession to the throne. Sometimes the Monarch attends meetings of the Church’s General Assembly. Usually she sends a representative.

It’s thus quite natural for British Monarchs to feel that, whatever their official role in the Church of England, they have a place in the Church of Scotland as well. In the nineteenth century, Queen Victoria caused a scandal when she received communion in the Church of Scotland, but she maintained that as the country’s — that is, Scotland’s — Queen, she had every right to do so. Since then, every reigning Monarch has worshiped at Crathie Kirk.

So, there it is. In England, the Monarch is an Anglican; in Scotland, she prays with the Presbyterians. How very British. I mean that in a good way, and I use the term advisedly. After tomorrow, it may mean something else.

Posted on by Marc O. DeGirolami · 1 Comment

Richard Hooker and the “Wall of Separation”

Richard Hooker was a learned Anglican churchman and apologist writing in theRichard Hooker sixteenth century. His monumental work, “Of the Laws of Ecclesiastical Polity,” is a wonderfully interesting but grossly neglected treatment of the relationship of church and state in England. Its subtle defense of both the distinctiveness and the non-separateness of church and state represents an early and elegant version of many of the arguments about the nature and scope of disestablishment that continue to circulate today.

In the following passage (from Book VIII), he defends the idea of the distinctiveness, but non-separateness, of the civil and religious spheres against the complaints of English dissenters. He resists what he calls the idea of “personal” separation. Note the particular phrase he uses!

We hold, that seeing there is not any man of the Church of England but the same man is also a member of the commonwealth; nor any man a member of the commonwealth, which is not also of the Church of England; therefore as in a figure triangular the base doth differ from the sides thereof, and yet one and the selfsame line is both a base and also a side; a side simply, a base if it chance to be the bottom and underlie the rest: so, albeit properties and actions of one kind do cause the name of a commonwealth, qualities and functions of another sort the name of a Church to be given unto a multitude, yet one and the selfsame multitude may in such sort be both, and is so with us, that no person appertaining to the one can be denied to be also of the other. Contrariwise, unless they against us should hold, that the Church and the commonwealth are two, both distinct and separate societies, of which two, the one comprehendeth always persons not belonging to the other; that which they do they could not conclude out of the difference between the Church and the commonwealth; namely, that bishops may not meddle with the affairs of the commonwealth, because they are governors of another corporation, which is the Church; nor kings with making laws for the Church, because they have government not of this corporation, but of another divided from it, the commonwealth; and the walls of separation between these two must for ever be upheld. They hold the necessity of personal separation, which clean excludeth the power of one man’s dealing in both; we of natural, which doth not hinder but that one and the same person may in both bear a principal sway.

Those with an interest in Hooker should check out this new review at the University Bookman by W. Bradford Littlejohn of a new edition of Of the Laws of Ecclesiastical Polity (in 3 volumes!), edited by Arthur Stephen McGrade. From Littlejohn’s review:

Here Hooker undertakes a systematic defense of the established polity of the English church against its puritan-presbyterian critics, laying broad and deep foundations in philosophy, theology, and political theory before meeting head-on the leading principles of the puritan platform and then refuting, point-by-point, their objections against each aspect of the English church’s worship and organization.

The Preface, in addition to expressing the purpose for the work, provides a keen analysis of the social circumstances that called it forth. Book I provides a theological and philosophical account of the different forms of law that govern human affairs. Book II critically examines the biblicist foundation of puritan epistemology, Book III the puritan assumption of a divine-law constitution for the church, and Book IV their first principle of liturgics: to depart as far as possible from Roman Catholicism. With these foundations laid, Hooker uses Book V to defend the disputed parts of the Book of Common Prayer, Book VI (unfinished) to critique the presbyterian doctrine of lay-elders, Book VII to defend episcopal jurisdiction, and the unfinished Book VIII to defend (and just as importantly, to define and delimit) the royal supremacy in the English church.