3 New USCIRF Commissioners Appointed by House Speaker Johnson

The U.S. Commission on International Religious Freedom is comprised of 9 Commissioners, 3 selected by the President, 2 selected by Congressional leaders of the President's party, and 4 selected by Congressional leaders of the other party. Commissioners are appointed for two-year terms.  Wednesday, the appointment of 3 Commissioners by Speaker of the House Mike Johnson was announced in the Congressional Record. The new Commissioners are Vicky Hartzler, Maureen Ferguson and Asif Mahmood.

Maureen Ferguson is a Senior Fellow with The Catholic Association and co-host of the radio show Conversations with Consequences. She is also on the Advisory Committee for the de Nicola Center for Ethics and Culture at the University of Notre Dame.

Asif Mahmood, who was born in Pakistan and received his medical education there, is a member of the Medical Board of California, is on the board of Hope of the Valley Rescue Mission, is on the California Democratic Party Central Committee and was an unsuccessful Democratic candidate for Congress from California in 2022. 

Vicky Hartzler, a conservative Christian, served 6 terms in Congress from Missouri before losing a bid for a Senate seat from Missouri in 2022. According to the Kansas City Star:

She rose to prominence in Missouri as face of the campaign to ban same-sex marriage in Missouri in 2004, traveling the state to support an amendment to the state’s constitution defining marriage as between a man and a woman....

[In Congress] She sponsored bills to protect Christians persecuted in China and often signed on to legislation purporting to advance religious freedom. She also continued to push back against LGBTQ rights.

CLARIFICATION UPDATE: Sec. 6431 of the International Religious Freedom Act provides:

(ii) Three members of the Commission shall be appointed by the President pro tempore of the Senate, of which two of the members shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President, and of which one of the members shall be appointed upon the recommendation of the leader in the Senate of the other political party. (iii) Three members of the Commission shall be appointed by the Speaker of the House of Representatives, of which two of the members shall be appointed upon the recommendation of the leader in the House of the political party that is not the political party of the President, and of which one of the members shall be appointed upon the recommendation of the leader in the House of the other political party.

Suit Challenging Indiana Anti-Discrimination Laws Moves Ahead

As reported by the Indianapolis Star, an Indiana state trial court judge is allowing a lawsuit filed by three conservative advocacy organizations to move ahead.  The suit challenges laws barring discrimination on the basis of sexual orientation.  The organizations assert that the laws infringe on their free exercise rights. The suit challenges the ordinances of four Indiana cities as well as the so-called "fix" to Indiana's Religious Freedom Restoration Act that prevents using RFRA to discriminate. The order (full text) in Indiana Family Institute, Inc. v. City of Carmel, Indiana, (IN Super. Ct., Nov. 16, 2016), however, requires plaintiffs to file an amended complaint adding the state of Indiana as a party. In a statement (press release), plaintiffs' counsel said:

Plaintiffs currently stand stripped of the heightened legal protection provided under RFRA and must host speakers and hire employees who advocate for same-sex marriage contrary to their religious beliefs. We believe in the constitutionally protected free-exercise of religion that affects people who advocate for traditional marriage, just as it protects all other religious beliefs.

Recent Articles of Interest

From SSRN:

• Belinda Carpenter, Gordon Tait, Carol Quadrelli & Ian Thompson, Investigating Death: The Emotional and Cultural Challenges for Police, (Policing and Society, 26(6), pp. 698-712 (2015)).
• Neil James Foster, Churches and the Law of Sanctuary in Australia, (March 4, 2016).
• Neil James Foster, How Should Religious Marriage Celebrants Respond If Same Sex Marriage Is Introduced in Australia?, (September 25, 2015).
• Fabienne Bretscher, The Swiss Judiciary and International Human Rights Bodies: A Closer Look at Muslim Religious Practices in Public Schools, (June 14, 2016).
• Joel Nolette, Whole Woman's Health v. Hellerstedt: Judicial Review When the Court Wants To, (Georgetown Journal of Law & Public Policy, Vol. 14, No. 2, 2016).
• Susan A. Bandes, Compassion and the Rule of Law, (International Journal of Law in Context vol. 13 issue 2 (2017 Forthcoming)).
• Eric Franklin, A More Charitable Charity: Administrative Necessity Provides an Opportunity to Promote Altruism in Charities, (December 14, 2016).

From SSRN (Islamic Law);

• Ibrahim Nuruddeen Muhammad, Waqf Based Philanthropy: A Definition and Obstacles to Waqf Knowledge Acquisition in North-Western Nigeria, (1st Kano Waqf International Conference (KWIC) (Dec. 2016).
• Sakirman MSI, Indonesia Islamic Law Study on Children Nasab,  (December 21, 2016).
• Avner M. Emon, Fiqh (A Historiography), (Fiqh: The Oxford Handbook of Islamic Law, Edited by Anver M. Emon and Rumee Ahmed (2016)).
• Avner M. Emon, Ijtihad, (Ijtihad: The Oxford Handbook of Islamic Law Edited by Anver M. Emon and Rumee Ahmed (2015).

From SmartCILP:

• Reza Afshari, LGBTs in the Islamic Republic of Iran. (Reviewing Lesbian, Gay, Bisexual and Transgender Rights in Iran: Analysis from Religious, Social, Legal and Cultural Perspectives, by the International Gay and Lesbian Human Rights Commission), 38 Human Rights Quarterly 814-834 (2016).
• Nehaluddin Ahmad, Ahmad Masum & Abdul Mohaimin Ayus, Freedom of Religion and Apostasy: The Malaysian Experience, 38 Human Rights Quarterly 736-753 (2016).
• Jeffrey A. Herman, Resolving ERISA's "Church Plan" Problem, 31 A.B.A. Journal of Labor & Employment Law 231-256 (2016).
• B. Jessie Hill, The First Amendment and the Politics of Reproductive Health Care, 50 Washington University Journal of Law & Policy 103-122 (2016).

Wedding Services Company Challenges Public Accommodation Non-Discrimination Ordinance

A Christian minister, Kristi Stokes, the owner of Covenant Weddings LLC, filed suit in an Ohio federal district court this week challenging the constitutionality of Cuyahoga County, Ohio's public accommodation ordinance (full text) which which makes it illegal for any public accommodation to

discriminate against, or treat differently any person except for reasons applicable alike to all persons regardless of race, color, religion, military status, national origin, disability, age, ancestry, sex, sexual orientation, or gender identity or expression...

The complaint (full text) in Covenant Weddings LLC v. Cuyahoga County, (ND OH, filed 7/22/2020) alleges in part:

The County ... cannot rescind religious liberty and free speech by relabelling them discrimination....

Through Covenant Weddings, Kristi personally officiates and writes custom homilies, vows, and prayers for weddings...

The Accommodations Clause forces Kristi to provide her wedding services for same-sex wedding ceremonies or for wedding ceremonies where a marrying individual identifies as the opposite sex and would require Kristi to proclaim messages and to participate in religious ceremonies that violate her religious beliefs, which she cannot do.... 

This undercuts Kristi’s message (expressed elsewhere in her social media accounts and wedding services) celebrating marriage between one man and one woman; harms Kristi’s reputation among her past and prospective clients; undermines her editorial control over what services she offers to the public; and adversely affects Kristi’s ability to share biblical truths about marriage with others....

ADF issued a press release announcing the filing of the lawsuit.

University's Diversity Officer, Demoted For Anti-Gay Marriage Views, Loses Discrimination Lawsuit

In McCaskill v. Galludet University, (D DC, April 14, 2014), the District of Columbia federal district court dismissed a lawsuit brought by Angela McCaskill, Gallaudet University's former Chief Diversity Officer. The University placed McCaskill on administrative leave and eventually demoted her after it become known that at her church she had signed a petition to get a proposed state constitutional amendment to ban same-sex marriage on the Maryland ballot. The University justified its action on the ground that McCaskill's ability to advocate for her constituents, particularly the university's gay community, had been compromised.  McCaskill brought the suit alleging discrimination on the basis of race, religion, sexual orientation, marital status, and political affiliation in violation of D.C.'s Human Rights Act; infliction of emotional distress; and defamation. In rejecting McCaskill's religious discrimination  claim, the court said in part:

Even if Gallaudet knew of her religious convictions or was aware that those convictions motivated her to sign the petition – a fact that remains hazy on the face of the Complaint – there is no factual allegation that her religion somehow prompted her suspension or demotion. ... [A]lthough it may be true that McCaskill signed the petition because she is a Christian ... the university cannot be guilty of discrimination on that basis.

Washington Business Journal reports on the decision.

Recent Articles of Interest

From SSRN:

• Steven H. Resnicoff, Circumcision Safety: A Case Study in the Failure of Leaderships, (Looking Forward, Vol. 1, No. 3, pp. 1-7, June 2014).
• Archana Mishra, Rights in Separate Property of Hindu Female – Challenge to Acquire a New Self , (June 20, 2014).
• Hendrik Gommer, The Biological Foundations of Global Ethics and Law, (Archives for Philosophy of Law and Social Philosophy (ARSP), 2014, Vol. 100, nr. 2, p. 151-175).
• Frederick Mark Gedicks, Religion, Meaning, Life, Truth, (San Diego Law Review, 2014, Forthcoming).
• Richard W. Garnett, Accommodation, Establishment, and Freedom of Religion, (67 Vand. L. Rev. En Banc 39 (2014)).
• Steve Sanders, Is the Full Faith and Credit Clause Still 'Irrelevant' to Same-Sex Marriage?: Toward a Reconsideration of the Conventional Wisdom, (Indiana Law Journal, Vol. 89, No. 1, 2014).
• Steve Sanders, Mini-DOMAs as Political Process Failures: The Case for Heightened Scrutiny of State Anti-Gay Marriage Amendments, (Northwestern University Law Review Online (June 2014)).

From SSRN (Islamic Law):

• Amir B. Izadyar & Feroza Ragnath, A New Perspective of Benevolent Loan, QARD Al-Hassan, Using Upfront Payment ‘Mesbah Point’, (International Journal of Economics 1:3, pp. 45-58, 2014).
• Jamhari Makruf, Jamhari & Iim Halimatussa'diyah, Shari’a and Regional Governance in Indonesia: A Study of Four Provinces, (Australian Journal of Asian Law, Vol. 15, No. 1, Article 4, 2014).

From SmartCILP:

• Mark Goldfeder, The Story of Jewish Polygamy, [Abstract], 26 Columbia Journal of Gender & Law 234-315 (2014).
• Peter T. Leeson, "God Damn": The Law and Economics of Monastic Malediction, 30 Journal of Law, Economics & Organization 193-216 (2014).
• Marin Lim, The Sanity of Faith: What Religious Fundamentalism Teaches About the Insanity Defense and the First Amendment, [Abstract], 17 New Criminal Law Review 252-311 (2014).

Recent Articles of Interest

From SSRN:

• Louis J. Sirico, Benjamin Franklin, Prayer, and the Constitutional Convention: History as Narrative, (Legal Communication & Rhetoric: JALWD, Vol. 10, 2013).
• Jeff Redding, Querying Edith Windsor, Querying Equality, (Villanova Law Review, Vol. 59, 2013).
• Avishalom Westreich & Pinhas Shifman, A Civil Legal Framework for Marriage and Divorce in Israel, (The Metzilah Center for Zionist, Jewish, Liberal and Humanist Thought, Ruth Gavison, ed, May 2013).
• Tamir Moustafa, Judging in God's Name: State Power, Secularism, and the Politics of Islamic Law in Malaysia, (Oxford Journal of Law and Religion, Vol. 2, (2013)).
• Audrey Macklin, Multiculturalism Meets Privatisation: The Case of Faith-Based Arbitration, (International Journal of Law in Context, 9,3 pp. 1-23 (2013)).
• Bernard M. Levinson & Jeffrey Stackert, Between the Covenant Code and Esarhaddon's Succession Treaty: Deuteronomy 13 and the Composition of Deuteronomy, (Journal of Ancient Judaism 3 (2012): 123-140).
• Claudia E. Haupt, Active Symbols, (55 Boston College Law Review (forthcoming 2014)).
• Hamid Harasani, Islamic Law of Wills: An Overview, (October 1, 2012).
• William Baude, Interstate Recognition of Same-Sex Marriage after Windsor, NYU Journal of Law & Liberty, Vol. 8, 2013, Forthcoming. 

From SmartCILP:

• Hanna Lerner, The Political Infeasibility of "Thin" Constitutions: Lessons from 2003-2006 Israeli Constitutional Debates, [Abstract], 22 Journal of Transnational Law &Policy 85-121 (2012-2013).
• Bashar H. Malkawi, Shari'ah Board in the Governance Structure of Islamic Financial Institutions, [Abstract], 61 American Journal of Comparative Law 539-577 (2013).
• Daniel W. Morton-Bentley, Seeing Isn't Believing: Ahlquist v. City of Cranston and the Constitutionality of Religious Displays under the Establishment Clause, [Abstract], 18 Roger Williams University Law Review 172-199 (2013).
• Symposium on Overlapping Jurisdictions: What Role for Conscience and Religion?, Foreword by Michael J. DeBoer; articles by John Witte, Jr., Joel A. Nichols, Robert L. McFarland and Elizabeth Sepper; responses by Paul Horwitz, Jonathan F. Will and Jeffrey B. Hammond. 4 Faulkner Law Review 299-444 (2013).

Religious Leaders React On Both Sides of Prop 8 Decision

USA Today this morning reviews the reaction of a number of religious leaders on both sides of the debate to a California federal district court's ruling yesterday (see prior posting) that Proposition 8, banning same-sex marriage, is unconstitutional. The Mormon Church, one of the strongest supporters of Proposition 8, urged all sides "to act in a spirit of mutual respect and civility toward those with a different opinion" as the debate continues. Rev. Susan Russell, head of Integrity-- an Episcopal group supporting gay rights-- said: "No one has the right to write their theology into our Constitution. (This) should be celebrated by people of all faiths, of any faith and of no faith." The California Catholic Conference said: "That the judge should find the marriage -- civilizations' longstanding public policy -- irrational and discriminatory does a great injustice to the institution itself and ultimately will further encourage the disintegration of mother-father families."

Recent Articles of Interest

From SSRN:

• Christine A. Corcos, Seeing it Coming Since 1945: State Bans and Regulations of 'Crafty Sciences' Speech and Activity, (37 T. Jefferson L. Rev. 39 (2014)).
• Milad Haghani, Iran Denies Education Rights to Bahá’ís, (Western Journal of Legal Studies, Vol. 4, No. 1, 2014).
• Tipu Salman Makhdoom, Can Legal Fiction Overcome Religious And Constitutional Locks? Death Penalty: A Pakistani Perspective, (July 1, 2014).
• Vito Breda, Over the Secular Ridge of Human Wants: The Constitutional Legitimacy of Secular-State Funding of Religious Education in Australia and Europe, (June 16, 2015).
• Patrick Talbot, Same-Sex Marriage and Religious Liberty Clashes in the U.S.: (An American Constitutional Challenge), (Anthology on Religious Freedom by Center of Ethics and Socio-religiosity Studies Petra Christian Univesity (PCU), Forthcoming).
• Margaret F. Brinig, Two Treatments of Pluralism: Canada and the United States, (Notre Dame Legal Studies Paper No. 1517, June 2015).
• Margaret F. Brinig, Religion and Child Custody, (Notre Dame Legal Studies Paper No. 1518, June 2015).
• Maura I. Strassberg, Scrutinizing Polygamy: Utah’s Brown v. Buhman and British Columbia’s Reference Re: Section 293, (Emory Law Journal, Vol. 64, p. 1815, 2015).
• Sarah Adams-Schoen, Land Use Law Update: Will Reed v. Town of Gilbert Require Municipalities Throughout the Country to Rewrite Their Sign Codes?, (29 Municipal Law Journal 16 (Winter 2015)).

From SmartCILP:

• Janet R. Decker & Kari A. Carr, Church-State Entanglement at Religiously Affiliated Charter Schools, 2015 Brigham Young University Education & Law Journal 77-105.
• Lucien J. Dhooge, Public Accommodation Statutes and Sexual Orientation: Should There Be a Religious Exemption for Secular Businesses?, 21 William & Mary Journal of Women & the Law 319-378 (2015).
• Robin Fretwell Wilson & Anthony Michael Kreis, Embracing Compromise: Marriage Equality and Religious Liberty in the Political Process, [Abstract], 15 Georgetown Journal of Gender & the Law 485-541 (2014).

Marriage Equality Group Will Celebrate Victory By Going Out of Business

The advocacy group Freedom To Marry, founded in 2001 to push for legalization of same-sex marriage, is taking the rare step of going out of business now that its goal has been accomplished.  Wednesday's Wall Street Journal reported that unlike many other non-profits that find a new cause to promote, Freedom To Marry will help its staff find other positions, will make certain that its records are archived, and then will close down completely by February. [Thanks to How Appealing for the lead.]

Recent Articles of Interest

From SSRN:

• Susanna Mancini, European Law and the Veil. Muslim Women from Victims to Emblems of the Enemy, (A. Melloni, F. Cadeddu (eds.) Religious Literacy, Law and History, Routledge, 2019).
• Michael Quinlan, Christianity And The Law: Trial Separation Or Acrimonious Divorce?, (2018).
• Michael Quinlan, Law And Religion In Western Australia: Cooperation or Conflict?, (June 17, 2019).
• Elizabeth Sepper, Religious Exemptions, Harm to Others, and the Indeterminacy of a Common Law Baseline, (Kentucky Law Journal, Vol. 106, 2018).
• Nathan B. Oman, Temple, Talmud, and Sacrament: Some Christian Thoughts on Halakhah, (Villanova Law Review, Forthcoming 2019).
• Peter J. Oliver & Philippa Watson, Is the Court of Justice of the European Union Finding its Religion?, (Fordham International Law Journal, Vol. 42, No. 3, 2019).
• Matteo Winkler, Same-Sex Marriage and Italian Exceptionalism, (ICL Journal 2018; 12(4); 431–456).
• Hannah Haksgaard, Blending Surnames at Marriage, (30 Stanford Law & Policy Review __ (2019) (Forthcoming)).
• Shazny Ramlan, Religious Law for the Environment: Comparative Islamic Environmental Law in Singapore, Malaysia, and Indonesia, (NUS Centre for Asian Legal Studies Working Paper 19/03 (2019).

From SmartCILP:

• Derrick Bell, Law As a Religion, 69 Case Western Reserve Law Review 265-274 (2018).
• Jean Stefancic, Law, Religion, and Racial Justice: A Comment on Derrick Bell's Last Article, 69 Case Western Reserve Law Review 341-354 (2018).
• Mark L. Rienzi, Administrative Power and Religious Liberty at the Supreme Court, 69 Case Western Reserve Law Review 355-394 (2018).
• Twentieth Annual Review of Gender and the Law, 20 Georgetown Journal of Gender & Law 265-540 (2019).

Catholic Bishop At Odds With Rhode Island's New Governor

Tension seems to be developing already between Providence, Rhode Island Catholic Bishop Thomas Tobin and Rhode Island's newly-inaugurated governor, Lincoln Chafee. According to the Providence Journal, last week, for the first time in at least 20 years, no Catholic bishop offered a prayer at the governor's inauguration ceremony.  In a column published two days later in The Rhode Island Catholic, Bishop Tobin took issue with the reason for Chaffee's decision not to begin inauguration day with a public prayer service. Chaffee's spokesman said that the decision was made out of respect for the principle of separation of church and state. Bishop Tobin complained:

The point is this: religion has an important, indeed a unique contribution to make to the governance of our society. Can we, once and for all then, put to rest the bogus interpretations of the “separation of church and state” so often cited these days?

The Governor's spokesman later said that had misspoken.  He meant to say that the governor believed individuals should pray in their own ways instead of in a prayer service organized by the governor's office. Within days, Bishop Tobin again criticized Gov. Chaffee, this time for his support for a bill to legalize same-sex marriage in Rhode Island. According to the Providence Journal, a gay-marriage bill supported by the governor was introduced in the legislature last Friday.  Tobin called the bill morally wrong and divisive.

Questions On Abortion and Gay Marriage Violated Rights of Constable Candidate

In Lloyd v. Birkman, (WD TX, Dec. 2, 2016), a Texas federal district court held that members of the Williamson County (TX) Commissioners' Court violated the equal protection rights of plaintiff when, in an interview for appointment as interim County Constable, they asked him his views on same-sex marriage, abortion and religious affiliation.  The Commissioners had argued that the purpose of their questions was to determine whether the appointee was likely to be electable for a full term to the position in the next popular election. KXAN News reports on the decision.

Recent Articles of Interest

From SSRN:

• Avishalom Westreich, An International Perspective on Same-Sex Marriage Post Obergefell (and Some Thoughts on Legal Positivism as a Means of Reconciliation): The Israeli Case, (Brigham Young University Journal of Public Law, Forthcoming).
• Sahar F. Aziz, Security and Technology: Rethinking National Security, (2 Tex. A&M L. Rev. 791 (2015)).
• Pok Yin Stephenson Chow, Has Intersectionality Reached its Limits? Intersectionality in the UN Human Rights Treaty-Body Practice and the Issue of Ambivalence, (Human Rights Law Review, 2016 (Forthcoming)).
• Candace B. Ford, Marriage, Religion, and the Art of Judging in Post-Obergefell Louisiana, (43 S.U. L. REV. ___ (2016)).
• Casey E. Faucon, Polygamy after Windsor: What's Religion Got to Do with It?, (Harvard Law & Policy Review, Vol. 9, p. 471, 2015).
• Ruth Colker, Freedom to Choose to Marry, (Columbia Journal of Gender and Law, Vol. 30, No. 2, 2016).
• Uladzislau Belavusau & Dimitry Kochenov, On the 'Entry Options' for the 'Right to Love' : Federalizing Legal Opportunities for LGBT Movements in the EU, (EUI Department of Law Research Paper No. 2016/09 (2016)).

From SSRN (Islamic Law):

• Yusuf Sani Abubakar, Anowar Zahid & Ruzian Markom, Insurable Interest Under Life Insurance And Family Takaful, (Shariah Journal, Vol. 23, No. 2 (2015) 343-364).
• Anowar Zahid, et. al., Qarinah: Admissibility of Circumstantial Evidence in Hudud and Qisas Cases, (Mediterranean Journal of Social Sciences, Vol. 6, No. 2, March 2015).

Recent Articles of Interest

 From SSRN:

• Scott D. Gerber, Liberal Originalism in Connecticut Constitutional Interpretation, (Quinnipiac Law Review, Forthcoming).
• Marc Spindelman, Dobbs' Dilemma (Why Justice Brett Kavanaugh's Ideal of 'Scrupulous Neutrality' in Dobbs is a Pipe Dream), (National Law Journal (March 31, 2022)).
• Alexander Gouzoules, Clouded Precedent: Tandon v. Newsom and its Implications for the Shadow Docket, (Buffalo Law Review Vol. 70, No. 87 (2022)).
• Damonta Morgan & Austin Piatt, Making Sense of the Ministerial Exception in the Era of Bostock, (University of Illinois Law Review, Vol. 2022, No. 26, 2022).
• Jennifer Levi & Kevin M. Barry, Transgender Rights & the Eighth Amendment, (Southern California Law Review, Vol. 95, No. 109, 2021).
• Yvonne Lindgren, The Fathers’ Veto and Fatherhood As Property, (February 24, 2022).

From SSRN (Non-U.S. Law):

• Destiny Aisekhaghe, ‘The Right to Freedom of Marriage and the Constitutionality of the Prohibition of Same Sex Marriage in Nigeria’: Another View, (February 27, 2022).
• Nehaluddin Ahmad & Norulaziemah binti Haji Zulkiffle, Discriminatory Policies and Laws Target Indian Muslim Minorities in the Recent Time: A Socio-Legal Study, (Law and Humanities Quarterly Reviews, Vol.1 No.2 (2022)).
• Yifat Bitton & Tamar Kricheli Katz, Disparities on the Basis of Nationality, Ethnicity and Gender in Road Accident Compensation in Israel, (Journal of Law and Courts 2022).
• David Gilchrist, Better Financial Reporting for Australian NFPs, (March 2, 2022).

Recent Articles of Interest

From SSRN:

• Bruce Ledewitz, Is Religion a Non-Negotiable Aspect of Liberal Constitutionalism?, (Michigan State Law Review, Vol. 2017, No. 2, 2017).
• Robin Bradley Kar, Transformational Marriage: The Religious Case for Supporting Same-Sex Marriage, (The Contested Place of Religion in Family Life, p. 375, 2018 (Cambridge University Press) (ed., Robin Fretwell Wilson), Forthcoming).
• Michael A. Helfand, The Future of Religious Arbitration in the United States: Looking Through a Pluralist Lens, (Oxford Legal Handbook on Global Legal Pluralism, Paul Schiff Berman ed., 2018 Forthcoming).
• Richard Schragger & Micah Schwartzman, Jews, Not Pagans, (Virginia Public Law and Legal Theory Research Paper No. 2017-67 (Dec. 2017)).
• Daniel O. Conkle, Religion, Law, and the Constitution, (Foundation Press, 2016).
• Eric Che Muma, The Impact of Anti-Terrorism Laws on Religious Freedom: Cameroon's Approach in Combating Terrorism and the Role of the Church, (Proceedings of the RAIS Conference: The Future of Ethics, Education and Research, 2017).
• Andras Koltay & Jeroen Temperman, Blasphemy and Freedom of Expression in Western Liberal Democracies, (Forthcoming as "Introduction" in: Jeroen Temperman and András Koltay (Eds.), Blasphemy and Freedom of Expression: Comparative, Theoretical and Historical Reflections after the Charlie Hebdo Massacre (Cambridge: Cambridge University Press, 2017), 1-21).
• Mohammad Hasan Javadi, Behzad Balazadeh & Mehdi Ghoreyshi, Restoring Dignity in Islamic Law, (December 10, 2017).

From SmartCILP:

• Lucien J. Dhooge, The Impact of State Religious Freedom Restoration Acts: An Analysis of the Interpretive Case Law, [Abstract], 52 Wake Forest Law Review 585-647 (2017).

Recent Articles of Interest

From SSRN:

• Jackson Nyamuya Maogoto, Legalising Divorce in the Republic of Ireland: A Canonical Harness to the Legal Liberation of the Right to Marriage Among the Disenfranchised, (September 1, 2009).
• John D. Inazu, No Future Without (Personal) Forgiveness: Re-Examining the Role of Forgiveness in Transitional Justice, (Human Rights Review, Vol. 10, 2009).
• Patrick Parkinson, Christian Concerns with the Charter of Rights, (Sydney Law School Research Paper No. 09/72, Aug. 31, 2009).
• Louis J. Virelli, Administrative Evolution, (Stetson University College of Law Legal Studies Research Paper Series Research Paper No. 2009-05, Sept. 3, 2009).
• Pnina Lahav, Seeking Recognition: Women's Struggle for Full Citizenship in the Community of Religious Worship, (Boston University School of Law Working Paper No. 09-33, July 30, 2009).
• Steven Douglas Smith, Discourse in the Dusk: The Twilight of Religious Freedom, (Harvard Law Review, Vol. 122, p. 1869, 2009).

From SmartCILP:

• Joshua B. Gessling, From Ankara to Strasbourg: Developing a Comprehensive Supranational Litigation Strategy for Patriarchal Preservation in Turkey, 15 Buffalo Human Rights Law Review 109-157 (2009).
• Puja Kapai & Anne S. Y. Cheung, Hanging In a Balance: Freedom of Expression and Religion, 15 Buffalo Human Rights Law Review 41-79 (2009).
• Judith E. Koons, Engaging the Odd Couple: Same-Sex Marriage and Evangelicalism in the Public Square, 30 Women's Rights Law Reporter 255-288 (2009).
• Gerard Magill, Using Excess IVF Blastocysts for Embryonic Stem Cell Research: Developing Ethical Doctrine, Secular and Religious, 37 Hofstra Law Review 447-485 (2008).

Christian College Student Sues Over Speech Prof's Treatment of His Presentation

On Wednesday, a student at Los Angeles City College filed a federal court lawsuit against a speech professor John Matteson, and against the trustees and various administrators at the College. The lawsuit revolves around a speech that plaintiff Jonathan Lopez delivered in class to fulfill an open-ended assignment for the course. His speech focused on his Christian beliefs including beliefs that marriage is a relationship between a man and a woman. Prof. Matteson had already made clear to the class that he was a supporter of same-sex marriage. Lopez believes that sharing his Christian beliefs is a religious duty.

The complaint Lopez v. Candaele, (CD CA, filed 2/11/2009) (full text) alleges that Prof. Matteson refused to permit Lopez to complete his speech, called him a "fascist bastard" and, instead of entering a grade on an evaluation sheet, wrote that Lopez should "ask God" for his grade. An appeal to the dean was unavailing. It led to threats of retaliation by Matteson and claims by administrators that Lopez was engaged in hate speech. The lawsuit challenges both the actions taken against Lopez and the College's speech code as violations of the 1st and 14th Amendments. Alliance Defense Fund issued a release yesterday reporting on the case and linking to additional background materials.

Break-Away Presbyterian Congregation Sues To Retain Property Ownership

The Milwaukee Journal-Sentinel reported yesterday that the Sheboygan County, Wisconsin First Church of Oostburg has filed a state court lawsuit against the Presbyterian Church USA in a bid to retain ownership of congregational property in the wake of its vote last week to disaffiliate from the Presbyterian Church USA and join the more conservative Covenant Order of Evangelical Presbyterians. The Church of Oostburg's vote to disaffiliate came just days ahead of the decision at the Presbyterian General Assembly to allow clergy to officiate at same-sex marriage ceremonies and to redefine marriage as a covenant between "two people".  The Presbyterian Church wants the Oostburg congregation to pay $500,000 in order to keep the property.

Mormon Church Agrees To Penalty For Late Reporting of Prop 8 Contributions

The Mormon Church has agreed to pay a proposed $5,539 monetary penalty to California's Fair Political Practices Committee (FPPC) for failing to properly report contributions of $36,968 (including staff time) it made in 2008 to support the passage of Proposition 8, California's ban on same-sex marriage. CBS News reported yesterday that the Church was late in reporting contributions it made to the Protect Marriage Coalition. During the last two weeks of the campaign, it failed to comply with the daily reporting requirements. A statement by the Human Rights Campaign argued that the Church's violations were likely purposeful. The FPPC will vote at its meeting today on whether to approve the proposed fine agreed to by the FPPC Executive Director.