“Religious Tests, Religious Freedom, and ‘Animus’ and ‘Bigotry’ at the Supreme Court” by M. Christian Green

The No Religious Test Clause within Article VI, Clause 3 of the United States Constitution is a special text in the field of law and religion, and especially American constitutional law of religion and state. The No Religious Test Clause comes immediately after the Oath or Affirmation Clause requiring that Members of Congress and the

“Religious Freedom, Public Health, and the Limits of Law” by Elizabeth Shakman Hurd

Cathedral Basilica of St. James in Brooklyn, NY. Source: Jim Henderson / Wikimedia CC0-1.0 The U.S. government designates certain entities as “religious” and enforces different rules on them than on “secular” entities. The two categories find differential treatment in taxes, employment law, and other domains. Americans call this religious freedom. Certain religious organizations have used

“QAnon as a Religion” by Annabelle Bichler

On October 28, 2017, a post appeared on 4chan, an anonymous online message board, alleging Hillary Clinton’s imminent arrest and a subsequent violent national uprising. The poster, whose username was simply the letter “Q,” claimed to be a high-ranking government intelligence officer with access to classified information. Hillary Clinton was not arrested and no subsequent

“Contemporary Homeschooling: Black Children’s Best Interests, Freedom from Religion, and Anti-Racism” by Cheryl Fields-Smith and Andrea L. Dennis

“I’m just not going to do that. I’m one of these secular homeschoolers. I am not going to join a church to homeschool. I don’t feel comfortable going in that space, which is usually predominantly White, to have my son homeschooled because I am not convinced that the experience will be any different from what

“Thanksgiving and Traditional Jewish Life: Celebrating American Holidays and Jewish Law” by Michael J. Broyde

Introduction This short posting on what the Jewish tradition has to say about Thanksgiving will strike some as surprising — so a word of background might be helpful. Traditional Jews do not celebrate holidays of another religion and have always shied away from even nominally secular holidays that are really about another religion, such as

“Religion-Making in Japan’s Courts of Law” by Ernils Larsson

When Japan set out to reinvent itself as a modern nation-state in the second half of the 19th century, the new generation of policymakers had to navigate a plethora of foreign concepts as the vocabulary of Western thought was translated into Japanese. While many of these concepts were essentially new philosophical outlooks easily adapted to

“Constitutional Grace: Securing the Blessings of Liberty Through Dignity and Forgiveness” by William E. Thro

We the People … in order … to secure the blessings of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America. Because neither the People nor their leaders are angels, the Constitution reflects a Calvinist theological perspective and embodies “obsessive distrust of government — all government

“Law as Love-Song” by Laura S. Lieber

By the 6th century CE, Christianity was a religion of empire that produced significant codices of imperial law, many of which regulated Jewish practice. Even so, however, Christian polemics against Jewish “legalism” and the perceived burden of the Mosaic-Pharisaic law were commonplace. According to foundational Christian writings, Jesus’s death on the cross and resurrection had