Around the Web

Around the Web

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

Around the Web

Around the Web

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

Around the Web

Around the Web

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

Around the Web

Around the Web

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

Around the Web

Around the Web

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

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:

Around the Web

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

Zubik v. Burwell Remanded

Today the Supreme Court issued a short per curiam opinion vacating the circuit courts’ respective opinions in the nonprofit contraception mandate cases and remanding them to those circuits, in light of the “substantial clarification and refinement” in the claimants’ and the government’s respective positions that the Court claims was generated by the supplemental briefing. To wit:

Petitioners have clarified that their religious exercise is not infringed where they “need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception,” even if their employees receive cost-free contraceptive coverage from the same insurance company….The Government has confirmed that the challenged procedures “for employers with insured plans could be modified to operate in the manner posited in the Court’s order while still ensuring that the affected women receive contraceptive coverage seamlessly, together with the rest of their health coverage.”

Disagreements as to implementation to be worked out below.No taxes or penalties on the claimants during the pendency of the new implementation for failure to provide adequate notice to the government. No opinion expressed on the merits (substantial burden, compelling interest, least restrictive means), other than by Justice Sotomayor, who concurred (joined by Justice Ginsburg) in the Court’s order essentially to make crystal clear to the government that she was sympathetic to its views.

Markets, Religion, and the Limits of Privacy

In modern, Western societies religion is tied up with the idea of privacy. In the wake of the Wars of Religion, religious and political thinkers invented the idea of a private sphere in which one could practice one’s religion separately from the public sphere of political action. The idea of privatizing religion has proven powerful and on the whole hugely beneficial. It allows for religious toleration and religious pluralism without suppressing religious belief and practice. Believers must simply keep their religion private, or perhaps more precisely we define as private the religious behavior that we are willing to tolerate.

The same seventeenth- and eighteenth-century world that used the idea of privacy to manage religion also employed the idea of private activity to make sense of the increasingly important role of markets in society. Aristotle thought of economic activity as part of the government of the household, which of course was seen as a private (and therefore not particularly important) realm as opposed to the public space of the agora, were the important aspects of life occurred.

By the time the Wars of Religion were winding down in the mid-seventeenth-century, however, commerce had become politically important. At the same time, the relocation of religion (and with it the ultimate questions of the good life) to the private sphere had rendered what went on there of far greater importance than it had been for Aristotle and his successors. By the eighteenth-century we had a whole new field – economics – that was focused on thinking about commercial life as a distinct sphere, and with the rise of nineteenth-century liberalism, this commercial activity – like religion – was conceptualized as a private matter, one where the collective decision-making of politics was to hold limited sway.

Many of the current skirmishes over law and religion are less about the relationship of God and Caesar than they are about the law regulating the relationship between God and Mammon. Cases like Hobby Lobby or the debates over anti-discrimination law and state Continue reading

%d bloggers like this: