Posted on by L&R Forum

Around the Web

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

  • In Bolden-Hardge v. Office of the California State Controller, the Ninth Circuit Court of Appeals reversed and remanded a federal district court’s dismissal of a suit by a Jehovah’s Witness who challenged California’s refusal to allow her to add a paragraph to the state-employee loyalty oath specifying that by signing it she is not giving up the right to exercise her religion, which requires that her primary loyalty be to God. The Circuit Court found that dismissal of plaintiff’s Title VII claims would permit states to legislate away any federal accommodation obligation.
  • In Shields of Strength v. U.S. Department of Defense, a Texas federal district court allowed a company that manufactures military personnel “dog tags” to move ahead with its First Amendment claims against the military for seeking to prevent the company from producing dog tags with Biblical or other religious references near symbols or phrases that the military had registered for trademark protection. 
  • In St. Michael’s Media, Inc. v. Mayor and City Council of Baltimore, a Maryland federal district court allowed a conservative media organization that usually criticizes the modern leadership of the Catholic Church to move ahead with free speech and freedom of assembly claims against the city of Baltimore and the management of a city-owned concert venue. Plaintiff’s claims grew out of the cancellation of a contract for plaintiff to hold a conference and prayer rally to coincide with the Fall General Assembly of the U.S. Conference of Catholic Bishops.
  • In Talukder v. State of New York, a New York federal district court allowed a Sunni Muslim applicant to the New York Department of Corrections Training Academy to move ahead with claims of free exercise, Title VII failure to accommodate, and disparate treatment. Plaintiff was an applicant who sought to wear a 3-inch beard for religious reasons, but the Academy was unwilling to permit any trainee to have a beard longer than one-eighth of an inch even though the DOCCS allowed uniformed staff to grow beards for secular reasons.
  • A woman looking to adopt a child has filed a law suit in an Oregon federal district court challenging the rule of the state’s Department of Human Services which states that a person seeking to adopt a child must agree to accept and support the sexual orientation and gender identity of any child placed with them. The complaint in Bates v. Pakseresht, alleges that the rule violates plaintiff’s free expression, free exercise, and equal protection rights since her Christian religious beliefs do not permit her to comply with this requirement.  
  • The governor of North Dakota signed House Bill No. 1136, which acts as North Dakota’s version of the Religious Freedom Restoration Act. The bill states that a state or local government entity may not treat religious conduct more restrictively than any secular conduct of reasonably comparable risk and must use the least restrictive means of furthering compelling government interests.
Posted on by Daniel Vitagliano

Around the Web

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

Posted on by Liam Ray

Around the Web

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

Posted on by Liam Ray

Around the Web

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

Posted on by Mark Movsesian

Stahl, “Enlisting Faith”

If one adheres to the endorsement test, or even Justice Kennedy’s psychological coercion test, military chaplains present serious constitutional problems. Taxpayer-funded clergy surely count as an endorsement of religion over non-religion, and what could be more psychologically coercive than a superior officer? Yet we have had military chaplains for centuries and no one seriously thinks our Supreme Court would hold them unconstitutional. Perhaps, as the Court itself has suggested, the unusual context of the military, which places great restrictions on normal religious exercise, requires an exception from normal establishment clause principles. Or perhaps American tradition itself requires accommodating practices which, although theoretically problematic, so pervade our history that ending them would be illegitimate.

Later this year, Harvard will release Enlisting Faith: How the Military Chaplaincy Shaped Religion and State in Modern America, by University of Pennsylvania Professor Ronit Stahl. Here’s the description from the Harvard website:

9780674972155A century ago, as the United States prepared to enter World War I, the military chaplaincy included only mainline Protestants and Catholics. Today it counts Jews, Mormons, Muslims, Christian Scientists, Buddhists, Seventh-day Adventists, Hindus, and evangelicals among its ranks. Enlisting Faith traces the uneven processes through which the military struggled with, encouraged, and regulated religious pluralism over the twentieth century.

Moving from the battlefields of Europe to the jungles of Vietnam and between the forests of Civilian Conservation Corps camps and meetings in government offices, Ronit Y. Stahl reveals how the military borrowed from and battled religion. Just as the state relied on religion to sanction war and sanctify death, so too did religious groups seek recognition as American faiths. At times the state used religion to advance imperial goals. But religious citizens pushed back, challenging the state to uphold constitutional promises and moral standards.

Despite the constitutional separation of church and state, the federal government authorized and managed religion in the military. The chaplaincy demonstrates how state leaders scrambled to handle the nation’s deep religious, racial, and political complexities. While officials debated which clergy could serve, what insignia they would wear, and what religions appeared on dog tags, chaplains led worship for a range of faiths, navigated questions of conscience, struggled with discrimination, and confronted untimely death. Enlisting Faith is a vivid portrayal of religious encounters, state regulation, and the trials of faith—in God and country—experienced by the millions of Americans who fought in and with the armed forces.

Posted on by Christina Vlahos

Mikalson, “New Aspects of Religion in Ancient Athens”

In August, Brill Publishing will release “New Aspects of Religion in Ancient Athens: Honor, Authorities, Esthetics, and Society,” by Jon D. Mikalson (University of Virginia).  The publisher’s description follows:

Jon D. Mikalson offers for classical and Hellenistic Athens a study of the terminology and contexts of praises of religious actions and artefacts and an investigation of the 94230various authorities in religious activities. The terms of approbation apply to priests, priestesses, and lay individuals in various capacities as well as to sacrifices, dedications, and sanctuaries. From these a new esthetic of Greek religion emerges as well as a new social aspect of public religious practices. The authorities include oracles, traditional customs, laws, and decrees, and their hierarchy and interaction are described. The authority of the Ekklesia, Boule, administrative and military officials, priests, priestesses, and others is also delineated, and a new view of polis “control” of religion is put forward.

Posted on by Christina Vlahos

Hassner, “Religion on the Battlefield”

In June, the Cornell University Press will release “Religion on the Battlefield,” by Ron E. Hassner (University of California, Berkeley).  The publisher’s description follows:

How does religion shape the modern battlefield? Ron E. Hassner proposes that religion acts as a force multiplier, both enabling and constraining military 80140100491950loperations. This is true not only for religiously radicalized fighters but also for professional soldiers. In the last century, religion has influenced modern militaries in the timing of attacks, the selection of targets for assault, the zeal with which units execute their mission, and the ability of individual soldiers to face the challenge of war. Religious ideas have not provided the reasons why conventional militaries fight, but religious practices have influenced their ability to do so effectively.

In Religion on the Battlefield, Hassner focuses on the everyday practice of religion in a military context: the prayers, rituals, fasts, and feasts of the religious practitioners who make up the bulk of the adversaries in, bystanders to, and observers of armed conflicts. To show that religious practices have influenced battlefield decision making, Hassner draws most of his examples from major wars involving Western militaries. They include British soldiers in the trenches of World War I, U.S. pilots in World War II, and U.S. Marines in Iraq and Afghanistan. Hassner shows that even modern, rational, and bureaucratized military organizations have taken—and must take—religious practice into account in the conduct of war.

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“Military Chaplains in Afghanistan, Iraq, and Beyond” (Patterson, ed.)

This month, Rowman & Littlefield releases “Military Chaplains in Afghanistan, Iraq, and Beyond: Advisement and Leader Engagement in Highly Religious Environments” edited by Eric Patterson (Regent University). The publisher’s description follows:

The role of military chaplains has changed over the past decade as Western militaries have deployed to highly religious environments such as East Africa, Afghanistan, and Iraq. U.S. military chaplains, who are by definition non-combatants, have been called upon by their war-fighting commanders to take on new roles beyond providing religious services to the troops. Chaplains are now also required to engage the local citizenry and provide their commanders with assessments of the religious and cultural landscape outside the base and reach out to local civilian clerics in hostile territory in pursuit of peace and understanding.

In this edited volume, practitioners and scholars chronicle the changes that have happened in the field in the twenty-first century. Using concrete examples, this volume takes a critical look at the rapidly changing role of the military chaplain, and raises issues critical to U.S. foreign and national security policy and diplomacy.

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Shah,”The Army and Democracy”

This month, Harvard University Press publishes The Army and Democracy: Military Politics in Pakistan by Aqil Shah (Princeton University).  The the army and democracypublisher’s description follows.

Since Pakistan gained independence in 1947, only once has an elected government completed its tenure and peacefully transferred power to another elected government. In sharp contrast to neighboring India, the Muslim nation has been ruled by its military for over three decades. Even when they were not directly in control of the government, the armed forces maintained a firm grip on national politics. How the military became Pakistan’s foremost power elite and what its unchecked authority means for the future of this nuclear-armed nation are among the crucial questions Aqil Shah takes up in The Army and Democracy.

Pakistan’s and India’s armies inherited their organization, training, and doctrines from their British predecessor, along with an ethic that regarded politics as outside the military domain. But Pakistan’s weak national solidarity, exacerbated by a mentality that saw war with India looming around every corner, empowered the military to take national security and ultimately government into its own hands. As the military’s habit of disrupting the natural course of politics gained strength over time, it arrested the development of democratic institutions.

Based on archival materials, internal military documents, and over 100 interviews with politicians, civil servants, and Pakistani officers, including four service chiefs and three heads of the clandestine Inter-Services Intelligence, The Army and Democracy provides insight into the military’s contentious relationship with Pakistan’s civilian government. Shah identifies steps for reforming Pakistan’s armed forces and reducing its interference in politics, and sees lessons for fragile democracies striving to bring the military under civilian control.

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Bosco, “Securing the Sacred: Religion, National Security, and the Western State”

Next month, the University of Michigan Press will publish Securing the Sacred: Religion, National Security, and the Western State by Robert Bosco (Centre College). The publisher’s description follows.

Since the terrorist attacks of September 11, 2001, Western nations have increasingly recognized religion as a consideration in domestic and foreign policy. In this empirical comparison of the securitization of Islam in Britain, France, and the United States, Robert M. Bosco argues that religion is a category of phenomena defined by the discourses and politics of both religious and state elites.

Despite significant theoretical distinctions between securitization on the domestic and the international levels, he finds that the outcome of addressing religion within the context of security hinges upon partnerships. Whereas states may harness the power of international allies, they cannot often find analogous domestic allies; therefore, states that attempt to securitize religion at home are more vulnerable to counterattack and more likely to abandon their efforts. This book makes a significant contribution to the fields of political theory, international relations, Islamic studies, and security/military studies.