At the First Things site, I have an essay (“Crèche Clash“) on the continuing Christmas Wars in France. The Conseil d’Etat, France’s highest administrative court, recently ruled on the legality of the Nativity scenes that many French municipalities display every December. Although it didn’t cite any American cases, the French court relied on the same test American courts have developed to determine the constitutionality of Christmas displays in this country, the so-called endorsement test:
The Conseil begins by stating that laïcité forbids “any display by public authorities of signs and symbols showing a public recognition or a preference for a given religion.” A Christmas crèche poses a difficult case. Although a crèche can convey a religious message, it also has a non-religious meaning as a familiar seasonal decoration. One message is forbidden for the state, the other acceptable. Display of a crèche by a public authority is therefore legal, the Conseil declares, “only” where the crèche “has a cultural, artistic or festive purpose, but not if it expresses” recognition of or preference for a religion. To determine the meaning of a display, one must consider the particular circumstances, “including the existence or the absence of local traditions and the location of the display.”
Readers familiar with the American case law will recognize this as a version of the “endorsement test” our own courts use to evaluate the constitutionality of public nativity scenes. Under the test, first proposed by Supreme Court Justice Sandra O’Connor in a 1984 case from Pawtucket, Rhode Island, a display violates the Establishment Clause if it amounts to an official endorsement of religion, that is, if it suggests that the government approves a particular religious message (or disapproves such a message, though that issue does not regularly arise). Official endorsements make non-adherents feel like second-class citizens, the reasoning goes—like less than full participants in the political community. As a consequence, such endorsements violate the Constitution.
In the essay, I argue that the French version of the endorsement test turns out to be just as confusing as the American, with many of the same deficiencies–including its tendency to outlaw traditional features of public life. You can read the essay here.
Young British Muslims continue to generate strong interest in public discourse. However, much of this interest is framed in negative terms that tends to associate them with criminality, religious extremism or terrorism. Focusing instead on other aspects of being young, Muslim and British, this volume takes a multidisciplinary approach that seeks to ‘normalise’ the subjects and focus on their everyday lived realities. Structured into three sections, the collection begins by contextualising the study of young British Muslims, before addressing the sensitive social issues highlighted in the media and finally focusing on a variety of case studies which investigate the previously unexplored lived experiences of these young people. With contributions from scholars of religion, media and criminology, as well as current and former practitioners within youth and social work contexts, Young British Muslims: Between Rhetoric and Realities will appeal to scholars who have an interest in the fastest growing, most profiled minority demographic in the UK.
By pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created, and new perspectives are made possible. These new perspectives not only enable an understanding of the other’s legal tradition, but most saliently, they offer new insights into one’s own legal tradition, shedding light on what had previously been assumed to be outside the scope of analytic vision.
This book considers the extent to which religious interests are protected at work, with particular reference to the protection against religious discrimination provided by the Equality Act 2010. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion and belief. The book locates the debates surrounding religion and belief equality within a philosophical and theoretical framework in which the importance of freedom of religion and its role within the workplace are fully debated.This second edition is fully revised and updated in the light of recent case law from the UK and the European Court of Human Rights, which deals with religious discrimination and freedom of religion.
gruesome war for independence against the majoritarian Sinhalese government of Sri Lanka. Even as the government fought LTTE on the battlefield, it also pursued a legal war through the enactment of counterterrorism laws that permitted indefinite detention and the use of confessions as sole evidence. This book applies theoretical insights from the work of philosophers such as Carl Schmitt, Giorgio Agamben, and Michel Foucault to the Sri Lankan context to examine the conflicting narratives relating to these laws produced by both sides in the conflict.
the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state’s religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space – holding in tension both the constraints of particular frameworks of power, and the realities of women’s agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
citizens of Ukraine gathered on Kyiv’s central square (Maidan) to protest against a government that had reneged on its promise to sign a trade agreement with Europe. The Euromaidan protest included members of various Christian churches in Ukraine, who stood together and demanded government accountability and closer ties with Europe. In response, state forces massacred over one hundred unarmed civilians. The atrocity precipitated a rapid sequence of events: the president fled the country, a provisional government was put in place, and Russia annexed Crimea and intervened militarily in eastern Ukraine. An examination of Ukrainian churches’ involvement in this protest and the fall-out that it inspired opens up other questions and discussions about the churches’ identity and role in the country’s culture and its social and political history. Volume contributors examine Ukrainian churches’ historical development and singularity; their quest for autonomy; their active involvement in identity formation; their interpretations of the war and its causes; and the paths they have charted toward peace and unity.
supports only the groups which have the legal status of public law corporations, while, in a secular state, it seems that any privilege for some Churches should be abolished, or at least reduced so as not to hinder the equality in the freedom of all religions.
both formal and more subtle political strategies aimed at regulating civil society. Political authorities have a vested interest in keeping social and religious movements under control, which limits the opportunities religious leaders have to diminish violent conflicts between religious groups. This volume offers empirical examples of these connections in Ethiopia, Kenya, Zanzibar and Tanzania. It is valuable resource for both scholars and development practitioners interested in how politics and religion become conflated when religious actors engage to build peace.