“Stop Accusing Religious Conservatives of ‘Using’ Religion” by Raphael A. Friedman

Identifying proper boundaries for religious liberty in American public life continues to be a hot-button issue. Stories of friction between religious groups and other members of society have pervaded the headlines, and such conflicts aren’t going away anytime soon.  Over the last few years, the Supreme Court has ruled on a number of cases in

“The European Margin of Dis-Appreciation and the Big No to Ritual Slaughter” by Sohail Wahedi

Religious traditions that are not historically rooted in the Christo-European culture face particular legal and political challenges that are unprecedented in the post-World War II-era. Despite the establishment of supranational bodies responsible for the promotion of human rights standards and the advancement of civil liberties, liberal democracies have failed to introduce and maintain a robust

“Christian Nationalism and Recent Anti-Trans State Laws” by Daniel D. Miller

A number of states, such as Mississippi, Arkansas, and Tennessee, have recently passed laws targeting transgender and gender nonconforming (TGNC) girls and young women, barring them from participating in girls’ and women’s competitive sports. The state of Arkansas also recently passed a law (Arkansas HB1570) criminalizing gender-affirming medical care to (TGNC) youth, such as the

“How an LGBTQ+ Rights Case Could Affect the Response to COVID-19” by Patrick Hornbeck

Here’s a thought experiment. Imagine for a moment that it was last term, rather than this term, when the U.S. Supreme Court heard Fulton v. Philadelphia, the case involving religious foster-care agencies who refused to place children with same-sex parents. Imagine, too, that the justices accepted the Fulton plaintiffs’ invitation to overrule Employment Division v.

““[E]ven in a pandemic, the Constitution cannot be put away and forgotten:” Banning Communal Worship Poses Continuing Threats to Religious Freedom” by Charles J. Russo

“Even in a pandemic, the Constitution cannot be put away and forgotten.” — Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, 68 (2020) One can only imagine what James Madison, lead advocate of the First Amendment Religion Clauses, or other American Founders, would say if they could witness the status of religion freedom in the

“The Scowling ‘Shari’a’: Muslim Views on Prayer” by Niloofar Haeri

Do Muslims pray even when they are not required to by “shari’a”? Or is being a Muslim a matter of performing exclusively compulsory religious acts, punctually and “to a T,” lest one get punished by the dreaded, bearded, and scowling “shari’a”? For reasons that we need not review here, outside of Muslim countries, we read

“The Reckoning of Religious Studies and Colonialism” by Laura Ammon

The study of religion has a long history of service to Western imperial ambitions. Recent decades have seen religious scholars wrestle with the implications of this colonial legacy for the future of the field. This essay, divided into two parts, will explore the connections between religion and colonialism. First, I will give a brief history

“The Chorister’s Tale: Religious Freedom Analogies in the COVID Pandemic” by M. Christian Green

No one has heard a peep from this chorister in nearly a year. Trained in law, religion, and the law of religious freedom, there was a time early in the pandemic when I wondered whether the social distancing mandates being adopted by state and, in some cases, municipal governments would be experienced by some as