During the interviews, the candidates received questions on their positions on abortion and same-sex marriage, their political affiliations, the churches that they attended, and their political ideology.While dismissing some of plaintiff's claims, the court permitted plaintiff to move ahead with his claim that the County committed an unlawful employment practice under Title VII and Texas Commission on Human Rights Act by refusing to hire him because of his religious association, moral views, and ethical beliefs. The court held that the "elected official" exemption does not apply. The court also permitted plaintiff to move ahead against the county and individual defendants on his First Amendment retaliation, freedom of expression and association claims; his 14th Amendment Equal Protection claims; and Texas Constitutional claims. The court rejected plaintiff's violation of privacy claims.
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, September 04, 2015
Constable Applicant Can Sue Over Religious and Ideological Questions In Job Interview
Monday, March 16, 2015
Recent Articles and Book of Interest
- Daniel Hay, Baptizing O’Brien: Towards Intermediate Protection of Religiously Motivated Expressive Conduct, (Vanderbilt Law Review, Vol. 68, No. 1, 2015).
- Alycia Michelle Wilson, Witches and Guns: The Intersection between Wicca and the Second Amendment, (February 4, 2015).
- Michael Schearer, God, Inc.: Hobby Lobby and Religious Freedom, (January 15, 2015).
- Aaron R. Petty, Accommodating 'Religion', (Tennessee Law Review, Forthcoming).
- Mohammad Fadel, Religious Law, Family Law and Arbitration: Shari'a and Halakha in America, (Chicago-Kent Law Review, Vol. 90, No. 1, 2015).
- Marie Ashe, Hosanna-Tabor, the Ministerial Exemption, and Losses of Equality: Constitutional Law and Religious Privilege in the US, (2 Oxford Journal of Law and Religion (2015)).
- Adam Lamparello, Why Chief Justice Roy Moore and the Alabama Supreme Court Just Made the Case for Same-Sex Marriage, (March 13, 2015).
- Andrew Koppelman & Ilya Somin, Amicus Brief in Obergefell v. Hodges, (Northwestern Public Law Research Paper No. 15-12).
- Roberta Rosenthal Kwall, Living Gardens, Living Art, and Living Tradition, (5 IP Theory Journal 73 (2015)).
- Mark Walters, Succession to the Throne and the Architecture of the Constitution of Canada, (Queen's University Legal Research Paper No. 2015-001 (2014)).
- Lorenzo Zucca, A Secular Manifesto for Europe, (March 5, 2015).
- Anuradha Chadha, A Case for Reservation in Favour of Religious Minorities,(March 6, 2015).
- Mariano Croce, Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes, (The European Legacy 20(2) (2015): 151–165).
- Marie Ashe & Anissa Helie, Realities of Religio-Legalism: Religious Courts and Women's Rights in Canada, the United Kingdom, and the United States, (20 U.Cal.-Davis J. International Law & Policy 139 (Spring 2014)).
- Muhammad Munir, Mechanisms for Child Protection with Focus on Child Custody: Islamic Law and Case Studies of Pakistan and Jordan, (March 8, 2015).
- Frank S. Ravitch, The Japanese Prime Minister's Visits to the Yasukuni Shrine Analyzed Under Articles 20 and 89 of the Japanese Constitution, (Michigan State University College of Law Journal of International Law, Vol. 22, No. 3, 2014).
- Tomas Berkmanas, Natural Law and Political Ontology: A Historico-Philosophical Outline of a Major Human Transformation, (Baltic Journal of Law & Politics 7:2 (2014): 119-151).
- Moamen Gouda & Dawood I. Ahmed, Measuring Constitutional Islamization: the Islamic Constitutions Index, 38 Hastings International & Comparative Law Review 1-74 (2015).
- Sonja R. West, First Amendment Neighbors, 66 Alabama Law Review 357-374 (2014).
- Carol Weisbrod, Kites and the Sabbath: Legal Transplants and Pluralism in Hawaii, (Vanderplas Publishing, Oct. 2014).
Thursday, February 14, 2008
Canada's Human Rights Commission Investigating Catholic Magazine
Monday, September 07, 2015
Recent Articles of Interest
- Antony Barone Kolenc, Not 'For God and Country': Atheist Military Chaplains and the Free Exercise Clause, (48 U.S.F. L. Rev. 395 (2014)).
- James M. Oleske, Doric Columns Are Not Falling: Wedding Cakes, the Ministerial Exception, and the Public-Private Distinction, (Maryland Law Review, Vol. 75, 2015, Forthcoming).
- Erwin Chemerinsky & Michele Goodwin, Religion Is Not a Basis for Harming Others, (Georgetown Law Journal, 2015/16, Forthcoming).
- Chad G. Marzen & William Woodyard, Catholic Social Teaching, the Right to Immigrate, and the Right to Regulate Borders: A Proposed Solution for Comprehensive Immigration Reform Based Upon Catholic Social Principles, (September 3, 2015).
- Steven J. Heyman, A Struggle for Recognition: the Controversy Over Religious Liberty, Civil Rights, and Same-Sex Marriage, (First Amendment Law Review, Forthcoming).
- Robert A. Kahn, Rethinking the Context of Hate Speech (Book Review: Michael Herz & Peter Molnar, The Content and Context of Hate Speech: Regulation and Responses), (First Amendment Law Review, Forthcoming).
- Isam M. Shihada,The Backlash of 9/11 on Muslims in Mohsin Hamid's The Reluctant Fundamentalist, (International Journal of Humanities and Cultural Studies, Vol. 2, Issue 2 (2015)).
- Angela Riley & Kristen A. Carpenter, Owning Red: A Theory of Indian (Cultural) Appropriation, (Forthcoming Texas Law Review (2016)).
- Paul Andrew Gwaza & Yusuph Moses Garba, Promoting Ethnic and Religious Harmony in Nigeria through Fidelity to Human Rights Principles, (August 30, 2015).
- Bernard M. Levinson, 'Better that You Should Not Vow than that You Vow and Not Fulfill': Qoheleth's Use of Textual Allusion and the Transformation of Deuteronomy's Law of Vows, (in Reading Ecclesiastes Intertextually. Edited by Katharine Dell and Will Kynes. Library of Hebrew Bible/Old Testament Studies 587. London: T&T Clark, Pages 28–41, 2014).
- Patrick McKinley Brennan, An Essay on Christian Constitutionalism: Building in the Divine Style, for the Common Good(s), (Rutgers Journal of Law and Religion, Forthcoming).
- Aleksandra Lis & and Tomasz Pietrzykowski, Animals as Objects of Ritual Slaughter: Polish Law after the Battle Over Exceptionless Mandatory Stunning,(August 29, 2015).
- Peter Oliver, Companies and Their Fundamental Rights: A Comparative Perspective, (64 International and Comparative Law Quarterly, pp 661-696, 2015).
- Symposium: From the Magna Carta to the Montgomery March: The Career of Rights in the Anglo-American Legal Tradition. Articles by Winston P. Nagan, Bradley W. Miller, James R. Stoner, Jr., Adam J. MacLeod, Dwight G. Duncan, David VanDrunen and Michael J. DeBoer. 6 Faulkner Law Review 1-196 (2014).
- Symposium: Pursuit of Happiness in Interreligious Perspective. Articles by His Holiness the 14th Dalai Lama, Matthieu Ricard, Ch-Rab Jonathan Sacks, Michael J. Broyde, The Most Rev. Katharine Jefferts Schori, Luke Timothy Johnson, Seyyed Hossein Nasr and Khaled Abou El Fadl; response by Vincent J. Cornell. 29 Journal of Law & Religion 5-123 (2014).
Tuesday, November 18, 2008
Religious Groups Ask California Supreme Court To Void Proposition 8
The religious institutions that file this petition ... count on article XVIII to ensure that the California Constitution's guarantee of equal protection for religious minorities cannot be taken away without a deliberative process of the utmost care possible in a representative democracy. If Proposition 8 is upheld, however, the assurance will disappear-- for, just as surely as gay men and lesbians could be deprived of equal protection by a simple majority vote, so too could religious minorities be deprived of equal protection-- a terrible irony in a nation founded by people who emigrated to escape religious persecution.Six separate legal challenges to Proposition 8 have been filed with the California Supreme Court. (San Jose Mercury News, Nov. 17). [Thanks to Don Clark for the lead.]
Monday, March 25, 2013
Religion Clause Will Be On A 2-Day Publication Break
Monday, July 06, 2015
Recent Articles and Books of Interest
- Randall Lesaffer, The Nature and Sources of Europe's Classical Law of Nations,(June 25, 2015).
- Asim Jusic, Actionable Pluralism and Toleration in Religiously Diverse Societies: For Whom and for What?, (CEDAR Occasional Paper No.7, 2014).
- Matthew S. Erie, Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China, (Law and Social Inquiry, Forthcoming).
- Dr. Harunrashid Kadri, Rights of Muslim Woman with Special Reference to Matrimonial Causes - A Human Rights Perspective, (Fiat Justicia, Volume No.: 3, April, 2015).
- Jennifer Carr, Complicity and Collection: Religious Freedom and Tax, (University of St. Thomas Law Journal, Vol. 11, No. 2, p. 183, Spring 2014).
- Robert D. Goldstein, The Structural Wall of Separation and the Erroneous Claim of Anti-Catholic Discrimination, (13 Cardozo Public Law, Policy & Ethics Journal 173 (2014)).
- Ronnie Lippens, Escape from Evil? Notes on Capacity, Tragedy, Coding and Non-Destructive Immortality Projects, (Oñati Socio-Legal Series, Vol. 5, No. 3, 2015).
- Michael J. Perry, Obergefell v. Hodges: An Imagined Opinion, Concurring in the Judgment, (Emory Legal Studies Research Paper No. 15-356 (June 27, 2015)).
- Adam Lamparello, Justice Kennedy's Decision in Obergefell: A Sad Day for the Judiciary, (July 2, 2015).
- Susannah William Pollvogt, Obergefell v. Hodges: Framing Fundamental Rights, (June 29, 2015).
- Kevin Vallier, Liberal Politics and Public Faith--Beyond Separation, (Routledge, June 2014), (podcast with author).
- Anthony M. Petro, After the Wrath of God-- AIDS, Sexuality, and American Religion, (Oxford Univ. Press, July 2015).
- Jean L. Cohen and Cécile Laborde (eds.), Religion, Secularism, and Constitutional Democracy, (Columbia University Press, Jam. 2016).
Tuesday, August 04, 2015
Sportscaster Sues Fox Sports Claiming Religious Discrimination
... Craig James is a polarizing figure in the college sports community and the decision not to use him in our college football coverage was based on the perception that he abused a previous on-air position to further a personal agenda. The decision had nothing to do with Mr. James’ religious beliefs and we did not discriminate against Mr. James in any way.James, in 2009 while at ESPN, was involved in a controversy stemming from his comments about the Texas Tech coach Mike Leach's treatment of James' son. (Background.) James resigned from ESPN in Dec. 2011 to run for the U.S. Senate. [This paragraph has been corrected. An earlier more cryptic version gave an incorrect impression.]
Thursday, April 21, 2011
New Arizona Law Exempts Churches From Political Committee Registration
Thursday, December 02, 2010
Supporters of Prop 8 Seek Recusal of 9th Circuit Judge
UPDATE: The Silicon Valley Mercury News reports that on Thursday, Judge Reinhardt refused to disqualify himself from hearing the case, saying: "I will be able to rule impartially in this appeal, and I will do so." Backers of Prop 8 will not challenge that ruling. [Thanks to Alliance Alert for the lead.]
Monday, September 02, 2013
Recent Articles of Interest
- Daniel Tagliarina, Power, Privilege, and Rights: How the Powerful and Powerless Create a Vernacular of Rights, (APSA 2013 Annual Meeting Paper).
- Daniel O. Conkle, Evolving Values, Animus, and Same-Sex Marriage, (Indiana Law Journal, Volume 89 (January 2014, Forthcoming)).
- James G. Dwyer, The Parental Choice Fallacy in Education Reform Debates, (Notre Dame Law Review, Vol. 87, No. 5, 2012).
- Dan E. Stigall, The Civil Codes of Libya and Syria: Hybridity, Durability, and Post-Revolution Viability in the Aftermath of the Arab Spring, (Emory International Law Review, Vol. 28, No. 1, 2014).
- Carolyn M. Evans & Anna Hood, Religious Autonomy and Labour Law: A Comparison of Jurisprudence of the United States and the European Court of Human Rights, (Oxford Journal of Law and Religion, Volume 1, Issue 1, 2012).
- Michael J. Perry, Interrogational Torture as a Human Rights Issue: A Brief Further Reflection on the Morality of Human Rights, (August 29, 2013).
- Zvi H. Triger, The Self-Defeating Nature of 'Modesty'-Based Gender Segregation, (Israel Studies, Vol. 18, No. 3, pp. 19-28 (2013)).
- Jennifer L. Bursch & Cassie Cox (student), Qualified Immunity and the Application of Pearson: C.F. ex rel. Farnan v. Capistrano Unified School District, 5 Regent Journal of Law & Public Policy 85-109 (2013).
- James A. Davids, The Establishment Clause and Public Funding of Religious Colleges, 5 Regent Journal of Law & Public Policy 11-83 (2013).
- Patrick T. Gillen, A Winn for Originalism Puts Establishment Clause Reform Within Reach, 21 William & Mary Bill of Rights Journal 1107-1151 (2013).
Monday, April 17, 2023
Recent Articles of Interest
From SSRN:
- Carolyn Sharp, A Heart-Centered Defense, (March 18, 2023).
- Miranda McGowan, The Democratic Deficit of Dobbs, (Loyola University Chicago Law Journal, (forthcoming 2023)).
- Deborah Hellman, Defining Disparate Treatment: A Research Agenda for Our Times, (Indiana Law Review, Forthcoming).
- Francesca Laguardia, Pain That Only She Must Bear: On the Invisibility of Women in Judicial Abortion Rhetoric, (Journal of Law and the Biosciences, Volume 9, Issue 1, January-June 2022, lsac003).
- Carlos A. Ball, Balancing Abortion, (Santa Clara Law Review, Vol. 63, 2023, Forthcoming).
- Gerard Letterie & Dov Fox, Legal Personhood and Frozen Embryos: Implications for Fertility Patients and Providers in Post-Roe America, (Journal of Law and the Biosciences, Vol. 10 (2023)).
- Kyle Velte, The Supreme Court's Gaslight Docket (March 30, 2023).
- Sara Friedman & Chao-Ju Chen, Same-Sex Marriage Legalization and the Stigmas of LGBT Co-Parenting in Taiwan, (Law & Social Inquiry, 1-29 (2022).
- Shea Esterling, The Journey Home: The Repatriation of the Maaso Kova, (27 American Society of International Law Insights 3 (March 2023)).
- Rosemary Teele Langford & Miranda Webster, The Australian Charitable Incorporated Organisation: A Reform Proposal, ((2023) 39 Company and Securities Law Journal 347).
- M. Mehdi Ali, Shi'i Legal Discourses in Iraq and Lebanon: Exploring the Intersection of Juristic Rulings and State Legal Regimes, 45 Loyola Los Angeles International & Comparative Law Review 249-280 (2022).
Sunday, October 13, 2013
9th Circuit Hears Oral Arguments By Proposition 8 Backers For Disclosure Exemption
Tuesday, September 01, 2009
Former Miss California USA Sues Claiming Religious Discrimination
Tuesday, May 11, 2010
Religious Advocacy Groups Issue Statements On Kagan Nomination
Americans United for Separation of Church and State said: "We simply don’t know much about Elena Kagan’s views on church-state separation.... It's the job of the Senate Judiciary Committee to fill in the picture by asking her questions about how religion and government should interact." Liberty Counsel also raised questions: "The Senate should press hard to question Elena Kagan on her judicial philosophy. The public deserves to know whether Kagan will use her transnational law philosophy as a lens through which she views the Constitution. And the public needs to know whether her personal views will trump the Constitution, as they appeared to do when she banned military recruiters from campus."
The Jewish Council for Public Affairs release said: "Supreme Court nominees should be held the highest standard and be fully committed to protecting justice for all and our nation's core values described in the Constitution and the Bill of Rights.... We encourage Senators to give Ms. Kagan full and fair consideration and hope all sides keep discussions and debate civil." The Muslim Public Affairs Council said: "We call upon Ms. Kagan, if she is confirmed, to follow in the footsteps of Justice Stevens in his commitment to preserving individual freedoms, checking executive power, and upholding the rule of law which have made America a better place for over 35 years."
Monday, February 24, 2014
Arizona Legislature Passes RFRA Amendments To Allow Businesses To Refuse To Serve Gays On Religious Grounds
Saturday, November 05, 2011
Michigan Anti-Bullying Bill Criticized Over Religious Exemption
It really is a God-hates-fags-special-rights-for-Christians-to-abuse-LBGT-kids-in-the-school law. It's a law that specifically empowers students, teachers, administrators [and] principals to bully LGBT kids if they can point to a moral justification."Bill sponsor Rick Jones says this language was not intended to allow a child to be confronted or abused, but was merely designed to protect the child who says in class that his religion does not believe in same-sex marriage. Jones says he is open to the language being changed, so long as students' 1st Amendment rights are protected.
UPDATE: The Michigan House of Representatives on Nov. 10 passed HB 4163, a version of the anti-bullying law that does not contain the language exempting statements motivated by religious or moral beliefs. (Huffington Post.)
Friday, July 29, 2022
7th Circuit: Ministerial Exception Doctrine Applies To State Tort Claims
In Starkey v. Roman Catholic Archdiocese of Indianapolis, Inc., (7th Cir., July 28, 2022), the U.S. 7th Circuit Court of Appeals held that the the Co-Director of Guidance at a Catholic high school was a "minister" for purposes of the ministerial exception doctrine. It went on to hold that the ministerial exception doctrine applies to state tort claims against the Archdiocese for Interference with Contractual Relationship and Intentional Interference with Employment Relationship. In the case, the school refused to renew its contract with Lynn Starkey, who had been employed by the school for nearly forty years, after the school learned of Starkey's same-sex marriage. Starkey sued both the school and the Archdiocese. Summarizing its holding, the court said in part:
Starkey was a minister because she was entrusted with communicating the Catholic faith to the school’s students and guiding the school’s religious mission. The ministerial exception bars all her claims, federal and state.
Becket issued a press release discussing the decision.
Sunday, August 30, 2009
Ted Kennedy Laid To Rest; His Complex Relationship With Catholic Church Is Explored
At Kennedy's burial service at Arlington National Cemetery, retired Washington Cardinal Theodore McCarrick read long excerpts from a letter that Kennedy sent to Pope Benedict XVI last month and from the Pope's response. (Politics Daily.) The letter from Kennedy, hand delivered by President Obama during his July meeting with the Pope, asked the Pontiff to pray for the Senator's health. In the letter, Kennedy also reiterated his commitment to health care reform and said he believes in conscience protection for Catholics in the health care field. The Pope's response through a senior Vatican official, two weeks later, expressed the Pontiff's concern for Kennedy and said in part: "His Holiness prays that in the days ahead you may be sustained in faith and hope, and granted the precious grace of joyful surrender to the will of God our merciful Father." Meanwhile Time Magazine notes while the Vatican's official newspaper L'Osservatore Romano has reported on Kennedy's death, noticeably absent is a statement directly from the Pope.