Recent Articles of Interest

From SSRN:

• Paul Horwitz, Rethinking the Law, Not Abandoning It: A Comment on 'Overlapping Jurisdictions', (4 Faulkner Law Review 351 (2013)).
• Jordan J. Ballor, The Ecumenical Challenge of Catholicity, (Journal of Christian Legal Thought 3, No. 2 (Fall 2013)).
• Caroline Mala Corbin, Corporate Religious Liberty, (September 18, 2013).
• Frederick Mark Gedicks & Rebecca G. Van Tassell, RFRA Exemptions from the Contraception Mandate: An Unconstitutional Accommodation of Religion,(September 19, 2013).
• Dhrubajyoti Bhattacharya, At the Intersection of Law, Human Rights, and Religion, (Global Health Disputes and Disparities (Routledge, London: 2012)).
• Helen J. Knowles, Taking Justice Kennedy Seriously: Why Windsor Was Decided 'Quite Apart from Principles of Federalism', (September 1, 2013).
• Julien Mailland, The Blues Brothers and the American Constitutional Protection of Hate Speech: Teaching the Meaning of the First Amendment to Foreign Audiences, (Michigan State International Law Review, Vol. 21, No. 2, p. 451, 2013).
• Douglas NeJaime, Windsor's Right to Marry, (123 Yale Law Journal Online 219 (2013)).
• Jade Wong & Andreas Ortmann, Do Donors Care about the Price of Giving? A Review of the Evidence, with some Theory to Organize It, (UNSW Australian School of Business Research Paper No. 2013-22 (2013)). 

From SSRN-- European and Islamic Law:

• Rafael Palomino, Manual Breve de Derecho Eclesiástico del Estado (Spanish Law and Religion in a Nutshell), (January 9, 2013).
• Casey Jo Cooper, From the Watch Tower to the Acropolis: The Search for a Consistent Religious Freedom Standard in an Inconsistent World, (Emory International Law Review, Vol. 28, No. 1, 2014, Forthcoming).
• Monica Lugato, National Policy Towards Religious Associations within the Framework of European Law, (Il Diritto dell'Unione Europea, 3/2013, Forthcoming).
• Tobias Lock, An Additional Protective Layer: The Case of Religious Discrimination in the United Kingdom and Germany, (Edinburgh School of Law Research Paper No. 2013/32 (2013)).
• Hamid Harasani, The Role of Ijtihād in Progressing Islamic Law in Modern Times, (10 US-China Law Review 361).

From SmartCILP:

• Robert A. Destro,"You Have the Right to Remain Silent": Does the U.S. Constitution Require Public Affirmation of Same-Sex Marriage?, 27 BYU Journal of Public Law 397-440 (2013).
• Pascale Fournier & Pascal McDougall, False Jurisdictions? A Revisionist Take On Customary (Religious) Law in Germany, 48 Texas International Law Journal 435-463 (2013).

Happy New Year 2016 !

Dear Religion Clause Readers:

Happy New Year 2016!  It is difficult to believe that I have been blogging on Religion Clause for over ten years, and have posted over 18,000 stories.  As I have been reminded, this means that for those who rely on Religion Clause as a resource, there are many who do not remember the time when there was not a central source for keeping current on church-state and religious liberty developments.

Last year was important.  Issues surrounding same-sex marriage and responses to it riveted the attention of much of the U.S. population.  The challenge by religious non-profits to the Obamacare regulations on contraceptive coverage brought to the fore the question of whether courts must give complete deference to assertions by individuals and groups that their religious exercise has been substantially burdened.  The Supreme Court gave unusual attention to civil rights claims by prisoners, including their religious freedom claims.  Increasing concern about ISIS-inspired terrorism tempted some-- including some seeking the highest office in the land-- to question whether America's traditional welcome to all religious believers (and non-believers) is as firmly established as we had once believed.

Religion Clause has attempted to provide the raw materials-- as objectively as possible-- so that readers can make informed judgments on the difficult policy decisions facing us.  And I have continued to cover parallel issues arising outside the United States in order to give additional perspective.

2016 promises to be an equally challenging year.  Many of the high profile issues of last year will remain with us.  In addition there will likely be some new ones.  How will religion factor into the Presidential race?  What are the implications of establishment clause and free exercise clashes being increasingly handled by well-funded advocacy groups that are repeat players before the courts, legislatures and local government officials?  Will transgender rights be the next battle in the culture wars that will become a religious as well as a civil rights issue?

And then there is often a "sleeper"-- an issue that becomes unexpectedly dominant.  My nomination for that in 2016 is the question of whether the retirement plans of many religiously-affiliated healthcare organizations will, as the 3rd Circuit recently held, be found not to qualify for the "church plan" exemption from ERISA on which they have relied.  Many of these plans will be underfunded by tens or hundreds of millions of dollars if they are required to comply with ERISA.  What kind of financial risk will that pose to them?  Many of these healthcare organizations have complicated relationships with a diocese or other church body of their denomination.  Will liability for underfunding, or for non-compliance with other ERISA requirements, jeopardize assets of the affiliated church bodies?

As we enter 2016, I want to again thank all of you who read Religion Clause-- both long-time followers and those who have discovered the blog more recently. Religion Clause's established format of neutrality, broad coverage and links to extensive primary source material has produced a loyal readership.  Often Religion Clause carries a story well before mainstream media feature it. The world of social media continues to evolve.  Increasing numbers of readers follow Religion Clause on Twitter or Facebook, and perhaps in other ways as well.  Meanwhile, the ability to comment on postings, while available, apparently has little attraction to readers-- other than the occasional spammer who evades my anti-spam efforts.  I am always eager to receive suggestions of other formats that would be useful.

And thanks to all of you who send me leads or corrections. Your input is important in maintaining completeness and accuracy. I read all of your e-mails and comments and appreciate receiving them, even though time constraints often prevent me from replying individually. Normally when I blog on a story sent to me by a reader, I mention the sender. If you do not want to be mentioned, I will be happy to honor that request if you let me know when sending me information.

I continue to be pleased that my regular readers span the political and religious spectrum and include a large number of law school faculty, journalists, clergy, governmental agency personnel, and others working professionally dealing with church-state relations and religious liberty concerns.  I encourage you to recommend Religion Clause to colleagues and friends who might find it of interest.

Finally, I remind you that the Religion Clause sidebar contains links to a wealth of resources.  If you find broken links on the sidebar, please let me know.

Best wishes for 2016!  Feel free to contact me by e-mail (religionclause@gmail.com) or through comments to this or other posts throughout the year.

Howard M. Friedman

Connecticut Diocese Sues To Avoid Registration As Lobbyist

The Catholic Diocese of Bridgeport on Friday filed a federal lawsuit against Connecticut's Office of State Ethics seeking to enjoin the Office from taking action to force the Diocese to register with the state as a lobbyist. Catholic Online reports that the state ethics office wrote the Diocese raising questions after the Diocese took part in a rally in March opposing Raised Bill 1098 that would have forced reorganization of financial oversight in Catholic parishes (see prior posting). The state also questioned a posting on the Diocese's website urging its members to oppose another bill relating to same-sex marriage. The complaint (full text) in Bridgeport Roman Catholic Diocesan Corporation v. Jones, (D CT, filed 5/29/2009), contends that the state's action violates the Diocese's constitutional rights of speech and assembly, its free exercise and equal protection rights, and violates the establishment clause. The Diocese also filed a Memorandum of Law in support of its motion for a preliminary injunction.

Recent Articles and Books of Interest

From SSRN:

• Mike Madden, Second Among Equals? Understanding the Short Shrift that Freedom of Religion is Receiving in Canadian Jurisprudence, (Journal of Law and Equality, Vol. 7, No. 1, pp. 55-86, 2011).
• Lucia Ann Silecchia, Reflections on the Link between Faith and Intellect, (CUA Columbus School of Law Legal Studies Research Paper No. 2011-2, Jan. 18, 2011).
• Faisal Kutty, The Myth and Reality of 'Shari'a' Courts in Canada: A Delayed Opportunity for the Indigenization of Islamic Legal Rulings, (University of St. Thomas Law Journal, Vol. 7, 2010).
• Brian Leiter, The Law of Religious Liberty in a Tolerant Society, (January 25, 2011).
• Mark Rienzi, The Constitutional Right to Refuse: Roe, Casey, and the Fourteenth Amendment Rights of Healthcare Providers, (January 27, 2011).
• Gregory Brazeal, Webs of Faith as a Source of Reasonable Disagreement, (January 1, 2011).
• Michael C. Dorf, Same-Sex Marriage, Second-Class Citizenship, and Law’s Social Meanings, Cornell Legal Studies Research Paper No. 11-03, Jan. 28, 2011).
• Wilson Ray Huhn, A Higher Law: Abraham Lincoln's Use of Biblical Imagery, (U of Akron Legal Studies Research Paper No. 11-1, Jan. 24, 2011).

Recent Books:

• Ekmeleddin Ihsanoglu, The Islamic World in the New Century: The Organisation of Islamic Conference, 1969-2009, (Columbia Univ. Press, Nov. 2010), reviewed in Today's Zaman.
• S. Sayyid and AbdoolKarim Vakil (eds.), Thinking Through Islamophobia: Global Perspectives, (Columbia Univ. Press, Feb. 2011).
• John M. Owen IV and J. Judd Owen (eds.), Religion, the Enlightenment, and the New Global Order, (Columbia Univ. Press, Feb. 2011).
• American Foreign Policy Council, The World Almanac of Islamism 2010, (Rowman & Littlefield, Jan. 2011).

New Mexico Paramilitary Christian Group Members Arrested In Child Abuse Investigation

Earlier this week, New Mexico authorities raided the Fence Lake (NM) compound of the paramilitary Aggressive Christianity Missions Training Corps in a child abuse investigation.  They arrested sect co-leader Deborah Green and two other group members, while another member was arrested in Truth or Consequences, New Mexico. According to People, the defendants are variously charged with child abuse, criminal sexual penetration, failure to report a birth, and bribery of a witness. Peter Green has been charged with 100 counts of criminal penetration of a child.

Four more sect members were arrested yesterday on charges of failing to register the births of their 11 children.  They were apprehended as they were allegedly trying to flee the state in two vans filed with children. Fox News, reporting this, says that the group describes itself as "revolutionary for Jesus" and provides a free spiritual "ammo pack" to anyone requesting one.  Its website includes anti-Semitic and anti-same sex marriage language.

Discussing interviews with ex-members of the sect, AP reports that:

[L]eaders of the Aggressive Christianity Missions Training Corps exercised control over followers by forcing them into hard labor and refusing to give their children medical care. When members complained, sect co-leader Deborah Green would hold "trials" against them for questioning her authority.... The trials led to banishment to isolated sheds without toilets and from the sect's compound without being allowed to take their children....

Suit Contends Ministerial Exception Does Not Bar Hostile Work Environment Claims

Yesterday's Cook County Record reports on a hostile work environment lawsuit filed in federal court in Chicago by Sandor Demkovich, former organist and music director of St. Andrew the Apostle Church in Calumet City, Illinois.  Demkovich was fired several days after he entered a same-sex marriage. His earlier lawsuit charging employment discrimination was dismissed on "ministerial exception" grounds.  The new lawsuit argues that the ministerial exception doctrine does not apply to hostile work environment claims.

Trinity Western Law School Wins Appeal In British Columbia

In Trinity Western University v. Law Society of British Columbia, (BC Ct. App., Nov. 1, 2016), the Court of Appeal for the Canadian province of British Columbia held that the province's Law Society acted unreasonably when it denied approval to a proposed new law school at the Christian-affiliated Trinity Western University. The Law Society's vote was a reaction to a requirement at the University that students sign a Community Covenant that, among other things, does not recognize same-sex marriage. The court summarized its decision in part as follows:

The issue on appeal is whether the Law Society met its statutory duty to reasonably balance the conflicting Charter rights engaged by its decision: the sexual orientation equality rights of LGBTQ persons and the religious freedom and rights of association of evangelical Christians. The Benchers initially voted to approve TWU’s law school. That decision was met with a backlash from members of the Law Society who viewed it as endorsement of discrimination against LGBTQ persons. The Benchers decided to hold a referendum and to be bound by the outcome. A majority of lawyers voted against approval. The Benchers then reversed their earlier position and passed a resolution not to approve TWU’s law school.

In doing so, the Benchers abdicated their responsibility to make the decision entrusted to them by the Legislature. They also failed to weigh the impact of the decision on the rights engaged. It was not open to the Benchers to simply adopt the decision preferred by the majority. The impact on Charter rights must be assessed concretely, based on evidence and not perception.

... [D]enying approval would not enhance access to law school for LGBTQ students. In contrast, a decision not to approve TWU’s law school would have a severe impact on TWU’s rights.... 

In a diverse and pluralistic society, government regulatory approval of entities with differing beliefs is a reflection of state neutrality. It is not an endorsement of a group’s beliefs.

CBC News reports on the decision. [Thanks to David Fernandes for the lead.]

State Agency Removes Website Links To "Open and Affirming" Churches

Connecticut's Department of Children and Families has removed from its website links to "open and affirming" churches-- i.e. churches that welcome gays, lesbians and persons who are bisexual and transgender. Yesterday's Hartford Courant reports that the links were removed after the Family Institute of Connecticut (FIC), a group that opposes same-sex marriage, threatened to sue. It claimed that placing the links on the state agency's website violates the Establishment Clause as well as parental rights. FIC also asked the Department to make sure that the organization training social workers on issues faced by GLBT youth does not provide information on "open and affirming" churches in its training sessions.

Many Issues of Religon and Human Rights Remain In Latest Kenya Draft Constitution

Kenya is in the complex process of drafting and adopting a new constitution. (See prior posting.) The public comment period on the Committee of Experts' draft expired Dec. 15. It was supposed to be redrafted taking the comments into account, forwarded to the Parliamentary Select Committee on the Constitution, and then forwarded to the National Assembly which is to hold a referendum on it. (Sunday Nation 12/11/09). However today's Sunday Nation reports that the redraft forwarded to the Parliamentary Select Committee does not reflect some of the changes to the Bill of Rights proposed by churches, civil society organizations and human rights lobbies. Issues still remain over the document's language on abortion, its provisions on Islamic law, issues of family, of same-sex marriage, protection of religious institutions that wish to hire on the basis of religion, protection of children and the right to education and housing. The Parliamentary Select Committee is now expected to seek consensus on various issues and return the document to the Committee of Experts for redrafting.

Court Refuses To Dismiss Catholic School Teacher's Suit On Church Autonomy Grounds

In Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., (IN Super. Ct., May 1, 2020), an Indiana trial court refused to dismiss a lawsuit against the Catholic Archdiocese brought by a teacher who claims that the Archdiocese interfered with his contractual relationship with Cathedral High School, an independent school that had a relationship with the Archdiocese. The teacher was ordered to be fired by a directive from the Archdiocese issued after the teacher entered a same-sex marriage. The school feared that if it did not comply, the Archdiocese would no longer recognize it as a Catholic institution. The Archdiocese argued that the lawsuit should be dismissed under the "church autonomy" doctrine. The court said in part:

In civil dispute involving church as party, the court has jurisdiction to resolve the case if it can be done without resolving an ecclesiastical controversy. The court can avoid the religious controversy by deferring to the highest authority within the ecclesiastical body....

... [T]his Court cannot determine that the directive by the Archdiocese to terminate Payne-Elliott was made by the highest authority in the ecclesiastical body of Cathedral or of the Roman Catholic Church.“

The court also questioned whether the case involved an ecclesiastical controversy at all:

... [A] letter from the President and Chairman of the Board of Cathedral elaborates as to ”What is at stake?” Therein, Cathedral states: ”Furthermore, Cathedral would lose its 501(c)(3) status thus rendering Cathedral unable to operate as nonprofit school." This rational for firing Payne-Elliott is important,... If Payne-Elliott was terminated by Cathedral for an economic benefit to Cathedral at the direction of the Archdiocese, then that is different matter than Catholic doctrine.

The court also refused to accept several other grounds for dismissal put forward by the Archdiocese.  Indiana Lawyer reports on the decision.

Recent Articles and Books of Interest

From SSRN:

• Robert Eli Rosen, Samson the Judge: Religion and Violence in Milton's SAMSON AGONISTES, University of Miami Legal Studies Research Paper No. 2009-09, March 6, 2009).

From SmartCILP:

• Celine Abramschmitt, The Same-Sex Marriage Prohibition: Religious Morality, Social Science, and the Establishment Clause, 3 Florida International University Law Review 113-186 (2007).
• Mark W. Cordes, Religion as Speech: The Growing Role of Free Speech Jurisprudence in Protecting Religious Liberty, 38 Southwestern Law Review 235-286 (2008).
• Jay Michaelson, Chaos, Law, and God: The Religious Meanings of Homosexuality, 15 Michigan Journal of Gender & Law 41-119 (2008).
• Yuval Sinai, The Doctrine of Affirmative Defense in Civil Cases--Between Common Law and Jewish Law, 34 North Carolina Journal of International Law & Commercial Regulation 111-178 (2008).

Recent Books:

• Thomas F. Farr, World of Faith and Freedom: Why International Religious Liberty is Vital to American National Security, (Oxford Univ. Press, 2008).
• David Novak, In Defense of Religious Liberty, (ISI Books, 2009).
• Stephen Spector, Evangelicals and Israel: The Story of American Christian Zionism, (Oxford Univ. Press, Nov. 2008).

Court Denies Stay of Prop 8 Decision But Delays Order 6-Days To Allow Appeal

A California federal district court today rejected a motion for a stay pending completion of an appeal of the court's order enjoining enforcement of California's Proposition 8 banning same-sex marriage. (See prior posting.) However the district court did grant a stay until 5:00 p.m. August 18 to permit an appeal on the issue of a stay to the 9th Circuit. In Perry v. Schwarzenegger, (ND CA, Aug. 12, 2010), the district court concluded that none of four factors normally considered in granting a stay weigh in favor of proponents. Those factors are:

(1) whether proponents have made a strong showing that they are likely to succeed on the merits; (2) whether proponents will be irreparably injured absent a stay; (3) whether the stay will substantially injure other interested parties; and (4) whether the stay is in the public interest. 

The city and county of San Francisco, California's governor and its attorney general all opposed a stay. Only the intervenors, who organized the campaign in support of Proposition 8, favored a stay. Focusing on the likelihood of success, Judge Vaughn Walker wrote:

Because proponents filed their motion to stay before the court issued its findings of fact and conclusions of law, proponents do not in their memorandum discuss the likelihood of their success with reference to the court’s conclusions. Neither do proponents discuss whether the court of appeals would have jurisdiction to reach the merits of their appeal absent an appeal by a state defendant.... If, however, no state defendant appeals, proponents will need to show standing in the court of appeals.... Proponents’ intervention in the district court does not provide them with standing to appeal.... The Supreme Court has expressed “grave doubts” whether initiative proponents have independent Article III standing to defend the constitutionality of the initiative. Arizonans for Official English [v. Arizona], 520 US at 67.

The Los Angeles Times reports on the decision and says that the Proponents will appeal immediately to the 9th Circuit.

Recent Articles of Interest

From SSRN:

• Steven Menashi, How Great is the Threat to Religious Freedom, Really?, (Mosaic Magazine, August 17, 2015).
• Michael W. McConnell, Mark E. Schneider, Jay P. Lefkowitz & Steven Menashi, Brief of Amici Curiae Former Justice Department Officials in Support of Petitioners in Zubik v. Burwell, (2016).
• Shachar Eldar & Elkana Laist, The Irrelevance of Motive and the Rule of Law, (New Criminal Law Review, Forthcoming).
• Marc O. DeGirolami, Religious Accommodation, Religious Tradition, and Political Polarization, (Lewis & Clark Law Review, Forthcoming).
• Christopher C. Lund, Religious Exemptions, Third-Party Harms, and the Establishment Clause, (Notre Dame Law Review, Vol. 91, p. 1375, 2016 (symposium)).
• John C. Eastman, No Free Lunch, But Dinner and a Movie (and Contraceptives for Dessert)?, (10 N.Y.U. J. L. & Liberty 282 (2016)).
• Robert Corn-Revere, Hate Speech Laws: Ratifying the Assassin's Veto, (Cato Institute Policy Analysis No. 791 (2016)).

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

• Effie Fokas, Directions in Religious Pluralism in Europe: Mobilizations in the Shadow of European Court of Human Rights Religious Freedom Jurisprudence, (Oxford Journal of Law and Religion, Vol 4, No.1, 54-74 (2015)).
• Luke Beck, The Case against Improper Purpose as the Touchstone for Invalidity under Section 116 of the Constitution, (Federal Law Review, Vol. 44, No. 3, Forthcoming).
• Gbohou Gnantin Hilaire Tegnan & Saldi Isra, Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia, (April 1, 2016).
• Preethi Kumar Mokshagundam, Dr. Ambedkar's Concept of Social Justice and Indian Constitution Protection for Dalits – A Recent Day Analysis, (August 23, 2016).
• Paul Dermine, Towards the Recognition of a Pan-European Right to Same-Sex Marriage – What If Light Came from the United States?, (June 1, 2016).
• Matthew S. Erie, Sharia, Charity, and Minjian Autonomy in Muslim China: Gift Giving in a Plural World, (American Ethnologist 43(2): 311-423 (2016)).

From SmartCILP:

• Walter C. Long, The Constitutionality and Ethics of Execution-Day Prison Chaplaincy, [Abstract], 21 Texas Journal on Civil Liberties & Civil Rights 1-33 (2015).
• Michael Stokes Paulsen, The Unconscionable War on Moral Conscience (reviewing Robert P. George, Conscience and Its Enemies: Confronting the Dogmas of Liberal Secularism), 91 Notre Dame Law Review Rev. 1167-1195 (2016).
• Mark Strasser, Hobby Lobby, RFRA, and Family Burdens, [Abstract], 25 Boston University Public Interest Law Journal 239-264 (2016).
• Special Issue: A Thousand Years of Infamy: The History of the Blood Libel. Edited by Richard H. Weisberg; preface by Richard H. Weisberg; articles by Jeffrey Mehlman, Hannah R. Johnson, Richard H. Weisberg, David Fraser and Vivian Grosswald Curran. 28 Law & Literature 1-95 (2016).

Court Refuses To Mandamus California Governor and AG To Defend Prop 8

The Recorder reports that the Pacific Justice Institute on Tuesday filed a petition for a writ of mandamus in California's Third District Court of Appeal, seeking to force California's governor and attorney general to defend Proposition 8-- the state's ban on same sex marriage-- in court. Both Gov. Arnold Schwarzenegger and Attorney General Jerry Brown have said publicly that they do not intend to defend the constitutionality of the voter-approved state constitutional amendment. Brown is the Democratic candidate for governor this fall. Apex News Network reports that on Wednesday the court refused to grant the mandamus petition. The court gave no reasons for its decision.

Recent Virginia Anti-Discrimination Statutes Challenged

 Two lawsuits filed this week challenge two recently enacted Virginia statutes-- SB 868 prohibiting discrimination in public accommodations and employment, and HB 1429 that prohibits discrimination against transgender individuals in health insurance policies.

The complaint (full text) in Calvary Road Baptist Church v. Herring, (VA Cir. Ct., filed 9/28/2020) was filed by churches, Christian schools and pregnancy centers and alleges that the laws require plaintiffs to hire employees, provide insurance coverage and offer services that violate their religious beliefs on marriage, sexuality and gender.

The complaint (full text) in Updegrove v. Herring, (ED VA, filed 9/28/2020) was filed by a photographer who will "not provide wedding photography that celebrates any marriage not between one man and one woman, such as same-sex, polygamous, or open engagements or marriages, because [he] believes that God created marriage to be an exclusive union between one man and one woman."

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

Recent Articles of Interest

From SSRN:

• Nelson Tebbe, Religion and Social Coherentism, (Notre Dame Law Review, Vol. 91, No. 363, 2015).
• Julie A. Nice, Conjuring 'Equal Dignity': Mapping the Constitutional Dialogue to and from Same-Sex Marriage, (31 Civil Rights Litigation Handbook 373 (Steven Saltzman ed. 2015)).
• Laura M. Weinrib, Freedom of Conscience in War Time: World War I and the Civil Liberties Path Not Taken, (Emory Law Journal, Vol. 65, No. 4, Forthcoming).
• Simone Chriss & Danaya C. Wright, After Obergefell v. Hodges: The Continuing Battle Over Equal Rights for Sexual Minorities in the United States, (GenIUS, December 2015, at 18).
• Philip T. Hackney, Charitable Organization Oversight: Rules v. Standards, (Pittsburgh Tax Review, Forthcoming).
• Alan D. Viard, The Basic Economics of Pease and PEP, (Tax Notes, Vol. 146, No. 6, 2015).

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

• Shauna Van Praagh, 'Open House' - 'Portes Ouvertes': Classrooms as Sites of Interfaith Interface, (B. Berger and R. Moon, eds., Religion and the Exercise of Public Authority (forthcoming, 2016, Hart Publishing)).
• David Schneiderman, Multiculturalism in Canadian Constitutional Culture: Domesticating Difference, (January 4, 2016).
• Bina D'Costa, 'You Cannot Hold Two Watermelons in One Hand': Gender Justice and Anti-State Local Security Institutions in Pakistan and Afghanistan, (In Hitoshi Nasu and Kim Rubenstein (eds) Legal Perspectives on Security Institutions, Cambridge: Cambridge University Press (2015), pp. 47-72).
• Sean Davidson, Necessary Questions in Free Religion Cases: Application of 'General Applicability' to the French Veil Case, (Charles University in Prague Faculty of Law Research Paper No. 2015/III/2).
• András Koltay, Privacy in Public Places – Celebrities, Suicides, Outsiders, Naked Men and Muslim Veils on the Street, (January 6, 2016).
• Maria Gloria Polimeno, The 2014 Egyptian Constitution: Balancing Leadership with Civil Rights (Al-Wataniyya), (Electronic Journal of Islamic and Middle Eastern Law. Vol. 3 issue 1 p. 1-67 (2015)).
• Mohammad Fadel, Islamic Law and Constitution-Making: The Authoritarian Temptation and the Arab Spring, (Osgoode Legal Studies Research Paper No. 24/2015).

From SmartCILP:

• Journal of Law & Religion, Vol. 30, No. 2 (June 2015) has recently appeared.

Recent Articles of Interest

From SSRN:

• Ira C. Lupu & Robert W. Tuttle, Trinity Lutheran Church v. Comer: Paradigm Lost?, (Forthcoming, American Constitution Society for Law & Policy Supreme Court Review, October Term 2016).
• Meghan Boone, The Autonomy Hierarchy, (Texas Journal on Civil Liberties and Civil Rights, Vol. 22, No. 1, 2016).
• Julio C. Colón, Improving Dispute Resolution for Muslims in the United States, (International Conference on Dispute Resolution 2017: Modern Trends in Effective Dispute Resolution, International Islamic University of Malaysia (2017)).
• Nicholas Aroney, Individual, Community and State: Thoughts on Jane Norton, Freedom of Religious Organizations, (July 17, 2017).
• Adam Perry, Pardons and Mercy, (July 30, 2017).
• Robert L. Tsai, Obama's Conversion on Same-Sex Marriage: The Social Foundations of Individual Rights, (Connecticut Law Review, Vol. 50, 2017).

From SSRN (International and Comparative Law):

• Jaclyn L. Neo, Realizing the Right to Freedom of Thought, Conscience, and Religion: The Limited Normative Force of the ASEAN Human Rights Declaration, (Human Rights Law Review (2017, Forthcoming)).
• Jaclyn L. Neo, Secularism Without Liberalism: Religious Freedom and Secularism in a Non-Liberal State, (Michigan State Law Review, 2017).
• John Lunstroth, Human Rights and Cultural Diversity in UNESCO Bioethics, (in Advancing Global Bioethics, Vol. 6: Religious Perspectives on Bioethics and Human Rights (Tham, Joseph, Man Kwan, Kai, Garcia, Alberto (Eds.) 2017, Springer Nature, New York, Forthcoming).

From SSRN (Jewish Law):

• Raphael Cohen-Almagor, The Monopoly of Jewish Orthodoxy in Israel and Its Effects on the Governance of Religious Diversity, (in Anna Triandafyllidou and Tariq Modood (eds.), The Problem of Religious Diversity (Edinburgh: Edinburgh University Press, 2017), pp. 250-272).
• Levi Cooper, Mysteries of the Paratext: Why Did Rabbi Shneur Zalman of Liady Never Publish His Code of Law?, (Diné Israel 31 (2017): 43-84).

James Dobson Will Step Down As Radio Host For Focus On Family

James C. Dobson, the 73-year old founder of Focus on the Family, will end 32 years as its primary spokesman in February when he steps down as host of its radio program. The announcement by Focus on the Family on Friday said that this "is just the 'third chapter in a transition that began in 2003,' when Dr. Dobson stepped down as Focus president." At that time, Jim Daly took over the presidency. The Colorado Springs Gazette reports that the powerful conservative Christian leader, who was asked for advice by Presidents Ronald Reagan and George H.W. Bush, has become a polarizing figure through his strong support of the traditional family and his opposition to pornography and same-sex marriage. Focus on the Family has suffered from declining donations in recent years. The Denver Post says that under Daly's presidency, Focus on the Family has become less confrontational and political as a younger generation of evangelical leadership is developing.

Feds Raid Arkansas Church Headquarters In Child Pornography Investigation

In southwest Arkansas yesterday, federal authorities raided the 15-acre compound housing the Tony Alamo Christian Ministries. The Associated Press reports that the raid was part of a child pornography investigation. Social workers are talking with children who live at the complex located in the town of Fouke. In a phone call with the AP, Alamo said: "Where do these allegations stem from? The anti-Christ government. The Catholics don't like me because I have cut their congregation in half. They hate true Christianity." He argues that the raid is part of an effort by the federal government to make same-sex marriage legal while outlawing polygamy. He believes polygamy is permitted by the Bible, and that "anything that is in the Bible is law." He also says that in sexual matters, "consent is puberty".

Mexican Catholic Church Criticized Over Voter Guidelines

Mexico's Constitution (Art. 130) provides that: "priests and ministers cannot form political associations nor carry out propaganda for any candidate, party or political group." AP reported yesterday that Mexico's Catholic Church is being criticized for releasing voter guidelines for the faithful as the July 1 presidential elections approach. The guidelines appear to be in technical compliance with the constitutional requirement, but they implicitly endorse certain candidates. The guidelines say that Catholics may not "choose as a political option those who support or promote false rights or liberties that attack the teachings contained in the Holy Scriptures, tradition and doctrine of the Church." They also say that Catholics should watch for whether candidates and parties support the right to life. These warnings appear to be directed against candidates from the Democratic Revolutionary Party which, in control of the Mexico City government, has legalized abortion and same-sex marriage.