Laycock on Religious Liberty

9780802876904This book note writes itself. Douglas Laycock is a leading scholar of religious freedom and a renowned Supreme Court advocate. He also gave the keynote at the very first symposium our Center sponsored, a comparative study of laïcité, at our Paris campus in 2010. The full set of his five-volume work on religious liberty in America is now available from Eerdmans. This is an obvious go-to source for all scholars of law and religion in the United States. Here’s the description from the publisher’s website:

One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the US appellate courts and the Supreme Court. His noteworthy legal writings are being collected in five comprehensive volumes under the title Religious Liberty.

Volume 1: Overviews and History

Volume 2: The Free Exercise Clause

Volume 3: Religious Freedom Restoration Acts, Same-Sex Marriage

                 Legislation, and the Culture Wars

Volume 4: Federal Legislation after the Religious Freedom Restoration

                 Acts, with More on the Culture Wars

Volume 5: The Free Speech and Establishment Clauses

Daniel Philpott on Religious Freedom in Islam

9780190908188Notre Dame political scientist Daniel Philpott has spent his career working at the intersection of religion and politics. His co-authored book, God’s Century (2011), is a must for people trying to understand the role of religion in contemporary global politics. He is also one of the directors of Under Caesar’s Sword, a research project on the persecution of Christians today. So his forthcoming book, Religious Freedom in Islam: The Fate of a Universal Human Right in the Muslim World Today (Oxford), is bound to be of interest. Based on the publisher’s description, the book will chart a middle ground between those who argue that religious freedom simply does not exist in the Muslim world, which is not true, and those who paint an unrealistically optimistic picture of the situation non-Muslim minorities face:

Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question.

It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist.

The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it “seeds of freedom,” and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large.

It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice–not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world.

In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.

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New Article: Masterpiece Cakeshop and the Future of Religious Freedom

I’ve posted a new article on SSRN, “Masterpiece Cakeshop and the Future of Religious Freedom.” The article, which will appear in the current volume of the Harvard Journal of Law and Public Policy, uses last term’s decision in Masterpiece Cakeshop as a vehicle for exploring deep trends in American culture, politics, and religion. Here’s the abstract:

Last term, the Supreme Court decided Masterpiece Cakeshop, one of several recent cases in which religious believers have sought to avoid the application of public accommodations laws that ban discrimination on the basis of sexual orientation. The Court’s decision was a narrow one that turned on unique facts and did relatively little to resolve the conflict between anti-discrimination laws and religious freedom. Yet Masterpiece Cakeshop is significant, because it reflects broad cultural and political trends that drive that conflict and shape its resolution: a deepening religious polarization between the Nones and the Traditionally Religious; an expanding conception of equality that treats social distinctions—especially religious distinctions—as illegitimate; and a growing administrative state that enforces that conception of equality in all aspects of our common life. This article explores those trends and offers three predictions for the future: conflicts like Masterpiece Cakeshop will grow more frequent and harder to resolve; the law of religious freedom will remain unsettled and deeply contested; and the judicial confirmation wars will grow even more bitter and partisan than they already have.

You can download the paper here.

Movsesian on Religious Polarization

To follow on Marc’s post yesterday, here is the video of my panel presentation earlier this month’s at the annual Notre Dame Ethics and Culture Center Conference. The title of the panel, chaired by Notre Dame Law Professor (and Tradition Project member) Marah Stith McLeod, was “A House Divided–Polarization in Our Common Life,” and the subject of my talk, beginning at the 35:45 mark, was “Church and State in a Time of Polarization.” Thanks to Marah and my co-panelist, John Carr (Georgetown), and to the Notre Dame Center Director, Carter Sneed, for inviting me!

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Legal Spirits Episode 001: A British Version of Masterpiece Cakeshop?

For the first Legal Spirits podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss the UK Supreme Court’s decision last month in Lee v. Ashers Baking Company. The court ruled that Christian bakers did not violate British anti-discrimination laws when they declined to create a cake with a pro-gay marriage inscription. Mark and Marc explain the British decision and compare it with the American Supreme Court’s recent ruling in Masterpiece Cakeshop, and speculate what influence the British decision might have in future American cases.

Around the Web

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

Around the Web

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

Around the Web

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

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