Posted on by L&R Forum

Around the Web

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

  •  In Kristofersdottir v. CVS Health Corp., a nurse-practitioner filed a complaint in the Southern District of Florida alleging that CVS revoked all religious accommodations that allowed employees to refuse to prescribe contraceptives, which is the accommodation plaintiff had for over 7 years. 
  • In Dad’s Place of Bryan, Ohio v. City of Bryan, a Christian church filed suit in the Northern District of Ohio, alleging that the city has violated the First Amendment’s Free Exercise and Establishment Clauses, as well as RLUIPA, by charging the church’s pastor with 18 criminal counts for allowing homeless persons to reside on the property for an extended amount of time in violation of city zoning rules.
  • In Uzomechina v. Episcopal Diocese of New Jersey, the District of New Jersey dismissed racial discrimination and wrongful discharge claims brought by a priest who was fired after he was allegedly falsely accused of financial and sexual misconduct. However, the court allowed the priest’s defamation claim, which he alleges that the Diocese passed on false information about him to his subsequent employer, to proceed.
  •  In Carter v. Virginia Real Estate Board,  a Virginia trial court held unconstitutional a portion of Virginia’s Fair Housing Law that said: “use of words or symbols associated with a particular religion . . . shall be prima facie evidence of an illegal preference under this chapter that shall not be overcome by a general disclaimer.” A realtor included references to Jesus and a Bible verse in her email signature and was investigated, but the court invalidated the statute, saying the presumption of animus was unconstitutional.
  • A Michigan hospital agreed to pay a $50,000 settlement in a Title VII discrimination lawsuit alleging that the hospital had refused to hire an employee who had objected on religious grounds to receiving a flu shot. The settlement prohibits the hospital from refusing to hire applicants because of their sincerely held religious beliefs opposing such a vaccine mandate.
  • In India, Prime Minister Narendra Modi dedicated the Ram Mandir, a Hindu Temple located on a contested holy site once home to a 16th-century mosque. Critics allege that the temple represents an effort by Modi to elevate the Hindu religion in India’s public life.
Posted on by Mark Movsesian

Criminal Law in the Acts of the Apostles

Just the other day in my seminar, I told students one of my favorite episodes of legal process in the New Testament: Paul’s insistence that the magistrates who had illegally ordered him beaten and imprisoned without a trial–for Roman law prohibited treating Roman citizens that way–come to the prison to apologize and publicly exonerate him. And, according to the account in Acts, that’s just what the magistrates did: “The police reported [Paul’s] words to the magistrates, and they were afraid when they heard that they were Romans, so they came and apologized to them. And they took them out and asked them to leave the city.” Which goes to show that the early Christians knew how to use legal process to their advantage, at least occasionally.

I’m sure this episode appears in a new book from Cambridge University Press, Criminalization in Acts of the Apostles: Race, Rhetoric, and the Prosecution of an Early Christian Movement, by New Testament scholar Jeremy Williams (Texas Christian University). Here’s the publisher’s description:

In this study, Jeremy L. Williams interrogates the Book of Acts in an effort to understand how early Christian texts provide glimpses of the legal processes by which Roman officials and militarized police criminalized, prosecuted, and incarcerated people in the first and second centuries CE. Williams investigates how individuals and groups have been, and still are, prosecuted for specious reasons – because of stories and myths written against them, perceptions of alterity that render them subhuman or nonhuman, the collision of officials, and financial incentives that foster injustices, among them. Through analysis of criminalization in Acts, he demonstrates how Critical Race Theory, Black studies, and feminist rhetorical scholarship enables a reconstruction of ancient understandings of crime, judicial institutions, militarized police, punishment, and socio-political processes that criminalize. Williams’ study highlights how the criminalization of Jesus followers as depicted in Acts enables connections with contemporary movements. It also presents the ancient text as a critique against the shortcomings of some contemporary understandings of justice and human rights.

Posted on by Jason Mansmann

Harvey, “Christianity and Race in the American South”

Next month, the University of Chicago Press will release Christianity and Race in the American South by Paul Harvey (University of Colorado). The publisher’s description follows:

christianity-and-raceThe history of race and religion in the American South is infused with tragedy, survival, and water—from St. Augustine on the shores of Florida’s Atlantic Coast to the swampy mire of Jamestown to the floodwaters that nearly destroyed New Orleans. Determination, resistance, survival, even transcendence, shape the story of race and southern Christianities. In Christianity and Race in the American South, Paul Harvey gives us a narrative history of the South as it integrates into the story of religious history, fundamentally transforming our understanding of the importance of American Christianity and religious identity.

Harvey chronicles the diversity and complexity in the intertwined histories of race and religion in the South, dating back to the first days of European settlement. He presents a history rife with strange alliances, unlikely parallels, and far too many tragedies, along the way illustrating that ideas about the role of churches in the South were critically shaped by conflicts over slavery and race that defined southern life more broadly. Race, violence, religion, and southern identity remain a volatile brew, and this book is the persuasive historical examination that is essential to making sense of it.

Posted on by Liam Ray

Rouse, Jackson, and Frederick, “Televised Redemption”

In November, New York University Press will release Televised Redemption: Black Religious Media and Racial Empowerment by Carolyn Moxley Rouse (Princeton), John L. Jackson, Jr. (University of Pennsylvania), and Marla F. Frederick (Harvard). The publisher’s description follows:

Televised Redemption.jpgThe institutional structures of white supremacy—slavery, Jim Crow laws, convict leasing, and mass incarceration—require a commonsense belief that black people lack the moral and intellectual capacities of white people. It is through this lens of belief that racial exclusions have been justified and reproduced in the United States. Televised Redemption argues that African American religious media has long played a key role in humanizing the race by unabashedly claiming that blacks are endowed by God with the same gifts of goodness and reason as whites—if not more, thereby legitimizing black Americans’ rights to citizenship.

If racism is a form of perception, then religious media has not only altered how others perceive blacks, but has also altered how blacks perceive themselves. Televised Redemption argues that black religious media has provided black Americans with new conceptual and practical tools for how to be in the world, and changed how black people are made intelligible and recognizable as moral citizens. In order to make these claims to black racial equality, this media has encouraged dispositional changes in adherents that were at times empowering and at other times repressive. From Christian televangelism to Muslim periodicals to Hebrew Israelite radio, Televised Redemption explores the complicated but critical redemptive history of African American religious media.

Posted on by Christina Vlahos

“Race and Secularism in America” (eds. Kahn and Lloyd)

In March, the Columbia University Press will release “Race and Secularism in America,” edited by Jonathon S. Kahn (Vassar College) and Vincent W. Lloyd (Syracuse University).  The publisher’s description follows:

This anthology draws bold comparisons between secularist strategies 9780231174916to contain, privatize, and discipline religion and the treatment of racialized subjects by the American state. Specializing in history, literature, anthropology, theology, religious studies, and political theory, contributors expose secularism’s prohibitive practices in all facets of American society and suggest opportunities for change.

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Harlow, “Religion, Race, and the Making of Confederate Kentucky, 1830-1880”

Next month, Cambridge University Press will publish Religion, Race, and the Making of Confederate Kentucky, 1830-1880 by Luke Harlow (University of Tennessee, Knoxville). The publisher’s description follows.Religion, Race, and the Making of Confederate Kentucky, 1830–1880

This book sheds new light on the role of religion in the nineteenth-century slavery debates. In it, Luke E. Harlow argues that ongoing conflict over the meaning of Christian ‘orthodoxy’ constrained the political and cultural horizons available for defenders and opponents of American slavery. The central locus of these debates was Kentucky, a border slave state with a long-standing antislavery presence. Although white Kentuckians famously cast themselves as moderates in the period and remained with the Union during the Civil War, their religious values showed no moderation on the slavery question. When the war ultimately brought emancipation, white Kentuckians found themselves in lockstep with the rest of the Confederate South. Racist religion thus paved the way for the making of Kentucky’s Confederate memory of the war, as well as a deeply entrenched white Democratic Party in the state.

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“Christians and the Color Line: Race and Religion after ‘Divided by Faith'” (Hawkins & Sinitiere, eds.)

Next month, Oxford will publish Christians and the Color Line: Race and 9780199329502_140Religion after Divided by Faith, edited by J. Russell Hawkins (Indiana Wesleyan University) and Phillip Luke Sinitiere (College of Biblical Studies, Texas). The publisher’s description follows.

Christians and the Color Line analyzes the complex entanglement of race and religion in the United States. Drawing on historical and contemporary examples of racialized religion, the essays in this volume consider the problem of race both in Christian congregations and in American society as a whole.

Belying the notion that a post-racial America has arrived, congregations in the US are showing an unprecedented degree of interest in overcoming the deep racial divisions that exist within American Protestantism. In one recent poll, for instance, nearly 70 percent of church leaders expressed a strong desire for their congregations to become racially and culturally diverse. To date, reality has eluded this professed desire as fewer than 10 percent of American Protestant churches have actually achieved multiracial status.

Employing innovative research from sociology, history, philosophy, and religious studies, the contributors to this volume use Michael Emerson and Christian Smith’s groundbreaking study Divided by Faith (Oxford, 2000) as their starting point to acknowledge important historical, sociological, and theological causations for racial divisions in Christian communities. Collectively, however, these scholars also offer constructive steps that Christians of all races might take to overcome the color line and usher in a new era of cross-racial engagement.

Posted on by Mark Movsesian

Turkey Admits Having Secret Identity Codes for Religious Minorities

This story will strike many readers as odd, but it is nonetheless true. For decades, religious minorities in Turkey, especially Christians, have complained that the state assigns them secret identity codes. Christians maintain that government officials use the codes to discriminate against them when it comes to jobs, licenses, building permits, and so on. Of course, such discrimination would be illegal under Turkish law, which has banned religious discrimination since the Kemalist revolution. And complaints about secret identity codes surely must seem a bit paranoid to outsiders, a kind of conspiracy theory–though, given the genocide of Armenians and other Christians in Turkey 100 years ago, one could forgive Christians for being anxious.

Armenian Church in Istanbul

The rumors turn out to be true, however. This month, for the first time, Turkey’s interior ministry acknowledged that the secret identity codes do, in fact, exist. When an Istanbul family tried to register its child at a local Armenian school recently, officials asked the family to prove it had the so-called “2” code. The family had never been notified of any code and inquired what the officials meant. The education ministry passed the buck to the interior ministry, which eventually acknowledged that it indeed categorizes religious minorities by secret numeric codes: “1” for Greek Orthodox Christians, “2” for Armenian Apostolic Christians, “3” for Jews, and so on. The family’s lawyer states that his clients are now “waiting for an official document saying, ‘Yes, your race code is ‘2,’ you can register in an Armenian school.’”

In acknowledging the secret classification system, the interior ministry said the information about religious identity comes from Ottoman records, which the ministry uses in order to help religious minorities exercise their rights under the Lausanne Treaty of 1923. With respect to education, for example, the ministry supplies the codes to school officials so that Armenians can attend Armenian schools. The government no longer collects information about religious or racial identity, the ministry claims.

Minority communities in Turkey are skeptical. If this was all on the up-and-up, why deny for so long that such codes exist? And why hide their existence from the so-called beneficiaries? After all, if the codes are meant to help minorities, you’d want to let the minorities know about them, not wait for local officials to reveal them by accident. And, given twentieth-century history, can anyone blame Christians in Turkey for thinking the codes are used to discriminate against them? The main opposition Republican People’s Party has threatened to make the issue of the secret codes a problem for the ruling AKP. “If this is true,” an opposition leader said, “it is fatal. It must be examined.” We’ll see.

Posted on by JCPW

Jivraj, “The Religion of Law”

ShowJacketNext month, Palgrave Macmillan will publish The Religion of Law: Race, Citizenship and Children’s Belonging by Suhraiya Jivraj (Kent Law School, University of Kent). The publisher’s description follows.

A timely and original examination into the ways in which religion is conceptualized in two areas of law relating to children – child welfare cases and education law and policy. The book focuses on the relationship between race, religion and culture, bringing critical race and religion perspectives from other disciplines to bear on law.

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Mikulich, Cassidy, and Pfeil, “The Scandal of White Complicity in US Hyper-incarceration: A Nonviolent Spirituality of White Resistance”

This February, Macmillan Publishing will publish The Scandal of White Complicity in US Hyper-incarceration: A Nonviolent Spirituality of White Resistance by Alex Mikulich (Loyola University New Orleans), Laurie Cassidy (Marywood University), and Margaret Pfeil (University of Notre Dame). The publisher’s description follows.

The Scandal of White Complicity and U.S. Hyper-incarceration is a groundbreaking exploration of the moral role of white people in the disproportionate incarceration of African-Americans and Latinos in the United States. Alex Mikulich, Laurie Cassidy, and Margaret Pfeil are white Catholic theologians developing understanding of how whiteness operates in the U.S. system of incarceration and witnessing to a Christian nonviolent way for whites to subvert our oppression of brothers and sisters of color.