Canopy Forum produces expert analysis to the broader community of digital consumers: citizens, scholars, lawyers, clergy, journalists, policy makers, and more. By providing accurate information, expert analysis, and contextualized explanation of issues impacting America and the world, Canopy Forum essays address the growing concern for an understanding of law and religion, bringing these issues to the forefront of American public discourse in an informed, nuanced, and productive way. Read some of our latest articles on the intersection of law and religion below, or browse our content by topic. Browse our full collection of essays here.
Latest Articles
- “Of Bans, Sin, and Reconciliation” by M. Christian Green
Following the murder of eight people in Atlanta, six of them Asian-American women, news broke that the killer Robert Aaron… - “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.… - ““[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,… - “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… - “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… - “A Votive Candle in the Tiny Chapel in the Middle of Our Nation” by Marguerite Spencer
US Center Chapel, located at the Geographic Center of the Lower 48 States in Lebanon, Kansas / Flickr Jimmy Emerson,… - “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… - “Religious Freedom Cases During the Pandemic: Round II” by Michael J. Broyde
Three weeks ago, in the case of South Bay United Pentecostal Church v. Newsom, the United States Supreme Court stayed… - “Section 230 and the Millstone” by Mark Edward Blankenship Jr.
The millstone was an integral tool needed to grind grain to make bread and sustain life, and during Biblical times,… - “America’s Constitutional Theology: Sovereignty and Grace In Bostock, Espinoza, and Our Lady of Guadalupe” by William E. Thro
Constitutional Theology is the intersection of theology with constitutional theory. Constitutional Theology recognizes that the constitutional design will reflect society’s… - Top Ten Most Read Articles of 2020
A selection of our most popular essays over the past year. You can browse all of our content here! “Decisions… - “The Cross and the Criminal Record” by Darrin Sims
Though you might not know it, you’re probably familiar with the Biblical story of Barabbas. Appearing only briefly in the… - “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… - “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… - “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… - “Questioning Justice Barrett’s Questions in Fulton v. City of Philadelphia” by Patrick Hornbeck
When Amy Coney Barrett took the bench November 4 for her third day of oral arguments as an associate justice… - “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… - “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 —… - “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… - “When Campaign Attacks Become Theological” by Deirdre Jonese Austin
Georgia State Capitol, Atlanta, Georgia. Source: DXR, Wikimedia CC BY-SA 4.0. Currently, all eyes are on Georgia as the state… - “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… - “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… - “What We Owe the Democracy: Martin Luther King, Jr., the Right to Vote, and the Call to Civic Duty” by Atiba R. Ellis
The right to vote is a contested concept in American society. The choices made by elected federal and state governments,… - “How the Divisive Nature of Religion Could Unify our Divided Politics” by Mingyu Jun
In the 2016 presidential election, 81% of white evangelical Christians voted for the GOP candidate Donald Trump, while only 16%… - “Trump, Biden, and Religious Claims in a Secular Space” by John E. King
“USA Bible” by Pastor Robert / Flickr / CC BY-ND 2.0 At a campaign event in early August 2020, President… - “The Cost of Florida’s Ballot” by Benjamin Plener Cover
The Leadership Conference on Civil and Human Right / Flickr / CC BY-NC 2.0 Florida is the most populous battleground… - “The Uncertain Good of Overruling Smith” by Gary J. Simson
Thirty years ago, when the Supreme Court decided Employment Division v. Smith, I never imagined that I’d ever respond with… - “Religious Questions: Relevant, Legitimate, and Impossible” by Paul Horwitz
For the writer on law and religion, the “religious test” question is a gift that keeps on giving. Over two… - “Religion and the Presidential Election” by Steven K. Green
It has been ten presidential election cycles since Ronald Reagan defeated the nation’s most religiously devout president, Jimmy Carter, a… - “The Beauty of Disobedience” by Stephen S. Bush
Political Beauty On June 27, 2015, ten days after a white supremacist shot and killed nine African Americans at the… - “Representation and Whiteness among the ‘Spiritual but not Religious’” by Dr. Amanda Lucia
Yoga class, Lightning in a Bottle, 2016 / Photo courtesy of author. When I was conducting research for my new… - “Baptist History and Pentecostalism” by Doug Weaver
The Apostolic Faith Mission on Azusa Street, Los Angeles, CA in 1907 / Wikimedia Most observers (and participants!) do not… - “American Faith Leaders and Criminal Justice Reform” by Adrienne Phillips
Recent killings of black Americans have incited anger, leading to large and sometimes violent protests across the country. The most… - “Does Religion Have a Place in the Diverse Marketplace of Ideas?” by Charles J. Russo
In his dissent in Santa Fe Independent School District v. Doe, wherein the Supreme Court invalidated student-led prayer prior to… - “George Floyd and James H. Cone: A Conversation With My Adult Children” by Marguerite Spencer
The May 25, 2020 police killing of George Floyd in Minneapolis, despite his multiple cries of, “I can’t breathe,” has… - “A Hindu-American Lawyer’s Quest” by Sai Santosh Kumar Kolluru
Om Hreem Shree Gurubhyo Namah Introduction Swami Vivekananda’s famous speech at the Parliament of World Religions in 1893 introduced Hinduism… - “Holy Communion in the Church of England in light of the Coronavirus Pandemic” by Christopher Grout
Photo / James Coleman / Unsplash The coronavirus pandemic has had (and continues to have) worldwide implications. Quite apart from… - “Schuman’s European Vision” by Rafael Domingo
The French politician Robert Schuman (1886-1963) embodies the most genuine spirit of European reconciliation after the Second World War. One… - “Ministerial Exceptions, Religious Exemptions, and Anti-Discrimination Legislation: Reciprocal Lessons from America and Australia” by Paul T. Babie
The recent Supreme Court decision in Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel (‘Morrissey-Berru’) has… - Call for Proposals for Participation in Blog Webinar
Proposals for participation in a blog conference on Law, Religion, and Coronavirus in the United States: A Six-Month Assessment, are… - “Qualified Immunity and Natural Law” by Brandon Paradise
In defense of his direct-action campaign and breaking of Jim Crow laws, Martin Luther King, Jr. cited Saint Thomas Aquinas’s… - “On Returning to Campus: What Might We Learn from Christian Ethics?” by Paul Lewis
COVID-19 presents colleges with precisely the kind of problem that those of us in the liberal arts claim that we… - “Fatal Intersections of Black Women and the Law: The Case of Breonna Taylor” by Najuma Smith-Pollard
I live in Los Angeles, California, near what seems to me to be one of the most dangerous intersections in… - “‘Losing Religion:’ Black Lives Matter, the Sacred, and the Secular” by Ari Colston
In an interview with Krista Tippet’s theology podcast On Being, prominent civil rights activist and public theologian Ruby Sales considers… - “Espinoza v. Montana Department of Revenue: The Free Exercise Clause Prevails” by Martha McCarthy
The Supreme Court delivered a precedent-setting decision on June 30, 2020, Espinoza v. Montana Department of Revenue. The facts and… - “Rethinking American Establishment Jurisprudence” by Eric Wang
Many Americans gleam over Uncle Sam’s “wall of separation” between church and state. That this wall should be thick and… - “Jobs for All?” by Brooks Holifield and Steven Tipton
An earlier version of this essay was originally published in the University of Chicago’s online publication, Sightings. Since the Covid-19… - “Prohibitions on In-Person Religious Services: Valid Under the Smith Test, No Matter Their Free Exercise Burden” by Connor Hees
As the United States nears the grim milestone of 150,000 American coronavirus deaths and cases surge in many parts of… - “A Spirituality of Social Justice and Peacemaking: Elements from within the Roman Catholic Tradition” by Thomas Massaro, S.J.
The word spirituality is often misunderstood and even off-putting, conjuring up images of wispy New Age-y practices and a general… - “Jonah Redivivus? Retributive Justice in the Book of Jonah and the Jonah Hex Comic Book Series” by Dan Clanton
I have taught the book of Jonah for years, and I used to be very pleased with my reading of… - “Right Test, Wrong Outcome: Avoiding Misuse of the Ministerial Exception in Faith-Based Schools” by Charles J. Russo & Allan G. Osborne
During the closing days of its 2019-20 term, the Supreme Court’s trilogy of rulings in the companion cases of Our… - “Imperial Pieties: Religion, the Sanctification of Whiteness, and the Duplicity of the Sacred” by Joseph Winters
The image of Donald Trump wielding a Bible outside St. John’s Episcopal Church, a snapshot that occurred immediately after protestors… - “The Social Gospel in Black and White, Then and Now” by Gary Dorrien
This essay was originally delivered as a speech at the annual dinner of Cooperative Metropolitan Ministries of Greater Boston on June 6, 2020. I… - “Transitional Justice and The Role of Legitimacy in Informal Institutional Change” by Aaron Alfredo Acosta & Nelson Camilo Sánchez
Capitolio Nacional Seat of the Congress. Bogotá, Colombia. 2008. Wikimedia / CC BY-SA 3.0 Transitional Justice in Colombia In the… - “A Protestant Perspective on Privatization and Subsidiarity” by Jordan J. Ballor
“Mount Nebo” by Maya-Anaïs Yataghène / Wikimedia CC BY 2.0 The doctrine of subsidiarity is most closely associated with modern… - “From Breath to Voices” by Nadia Marzouki
Civil unrest in Philadelphia, PA. June 2, 2020. / Rob Buhlman / Flickr / CC-BY-2.0 The murder of George Floyd… - “Racist Security” by Mohammad-Mahmoud Ould Mohamedou
The racialization of security currently playing out is nothing new. Security has often been racialized and racism has always been… - “Born of Bigotry, Died in Religious Liberty: The Supreme Court Ends the Blaine Amendments in Empowering Parental Choice” by Charles J. Russo & William E. Thro
“The Blaine Amendment was ‘born of bigotry.”’ Reasonable people can certainly disagree over whether Chief Justice John Roberts’ forceful words… - “Defund the Border Police: Racial Justice and the American Border” by Elizabeth Shakman Hurd
Americans looking for a way forward in this national crisis are calling for prioritizing anti-racism, demilitarizing American society, and democratizing… - “Trump’s Problem with Race and Religion” by Steven K. Green
The images have already become iconic: militarized police using tear gas and rubber bullets to clear peaceful protesters from Lafayette… - “The Comfort and Discomfort of Meaninglessness: Christian Faith in the Time of Coronavirus” by Paul Dafydd Jones
Although the sudden emergence of a novel form of coronavirus might bring Martin Luther to mind, it is revealing that… - “Answering the Call: How the Church Can Respond to the Call to Defund the Police” by Deirdre Jonese Austin
Photo by Alex Holyoake / Unsplash Growing up in the Black Church, I have been raised in a context in… - “Non-Discrimination Based on Sexual Orientation” by Johan D. van der Vyver
The judgment of the U.S. Supreme Court in the case of Bostock v. Clayton County, decided on June 15, 2020,… - “Is there a Right to Healthcare? Towards a Comprehensive Jewish Approach” by Jason Weiner
The question of the “right” to fair, universal and comprehensive healthcare has been circulating for quite a while, but rapid… - “Why Do White Christians in America Think They Are Persecuted?” by John Corrigan
Over the last decade, the internet has been abuzz with complaints from white American Christians that they are the victims… - “Big Brother and the New Ministry of Truth: How President Trump’s Executive Order May have Disastrous Consequences for Religious Freedom” by Kristina Arriaga
Last month, for the first time ever, Twitter fact-checked two presidential tweets. In response, President Donald Trump issued an executive… - ““God, Sometimes You Don’t Come Through”: The Presentation of Religious Trauma Syndrome Through Rock Music – Part III” by Maggie Parker
“Audience enjoying a concert” by Yvette de Wit / Wikimedia / CC0 1.0 This is the third installment of a three-part… - ““God, Sometimes You Don’t Come Through”: The Presentation of Religious Trauma Syndrome Through Rock Music – Part II” by Maggie Parker“Audience enjoying a concert” by Yvette de Wit / Wikimedia CC0 This is the second installment of a three-part essay that…
- “‘God, Sometimes You Don’t Come Through’: The Presentation of Religious Trauma Syndrome Through Rock Music – Part I” by Maggie Parker“Audience enjoying a concert” by Yvette de Wit / Wikimedia CC0 This is the first installment of a three-part essay that…
- “Subsidiarity and Abolition: On the Privatization of Prisons and the Demands of Justice” by Mauricio Najarro
“Freedom” by Marko Lovric / Pixabay In October 2019, California Governor Gavin Newsom signed a bill meant to ban the… - “Addressing Questions of Justice with the Ahmaud Arbery Case” by Deirdre Jonese Austin
“Candle and Police Tape” by Tony Webster / Flickr / CC-BY-2.0 On May 5, 2020, the American public gained access… - “How Should an Ethical Prosecutor Act if the Jails are Unsafe? Lessons from Jewish Law – Part III” by Michael J. Broyde
This is the final installment of a three-part essay, offering a radical proposal for how ethical prosecutors ought to approach… - “How Should an Ethical Prosecutor Act if the Jails are Unsafe? Lessons from Jewish Law – Part II” by Michael J. BroydeThis is the second part of a three-part essay offering a radical proposal for how ethical prosecutors ought to approach…
- “How Should an Ethical Prosecutor Act if the Jails are Unsafe? Lessons from Jewish Law – Part I” by Michael J. BroydeThis is the first part of a three-part essay offering a radical proposal for how ethical prosecutors ought to approach…
- “Soul Repair: A Jewish View (Part 3)” by David R. Blumenthal
This is the third installment of a three-part series of essays that discuss the Jewish tradition’s answer to repairing the… - “Trump Administration’s Religious Freedom Claims Require a Closer Look” by Melissa Rogers
The Trump administration is promoting new proposed rules on social service partnerships with faith-based organizations under the banner of religious… - “Soul Repair: A Jewish View (Part 2)” by David R. BlumenthalThis is the second of a three-part series of essays that discuss the Jewish tradition’s answer to repairing the soul…
- “Soul Repair: A Jewish View (Part 1)” by David R. BlumenthalThis is the first of a three-part series of essays that discuss the Jewish tradition’s answer to repairing the soul…
- “God and the Law in the Age of Secularization” by Rafael Domingo
Over the last few years, I have attempted to present a universal and coherent legal framework for the treatment of… - “Gender Role Attitudes of Traditional Arab Women and Haredi Jewish Women in Israel: A Comparison” by Gilan Miller-Gertz & Nour Abu-Ghosh
In Israeli society, Haredim (ultra-Orthodox Jews) and traditional Arabs live within close proximity to one another. While these religiously, ethnically,… - “Church Burnings Across Ethiopia: A Signal of a State Struggling to Cope with Rapid Transition” by Bisrat Kebede
Vijay Vinoth / Pexels In 2019 in early September, the Ethiopian government held an emergency meeting with leaders of the Ethiopian Orthodox… - “Homo Religiosus in a Globalized World: How Religious Individuals are Actors of Global Law” by Giancarlo Anello
On a global level, religious institutions influence the transformations of law in a variety of ways. Many of the world’s… - “A Religious Right to Disregard Mandatory Ultrasounds” by Caroline Mala Corbin
B. K. Dewey / Creative Commons CC BY-NC 2.0 One of the most striking trends in religion clause jurisprudence is… - “Civil Partnerships and the Church of England” by Christopher Grout
The Civil Partnership Act 2004 (“the 2004 Act”) was described by the then Lord Chancellor and Secretary of State for… - “Why Does the Catholic Church Insist on Celibacy?” by Rafael Domingo
An earlier Spanish-language version of this essay was recently published on CNN en Español. Recently, the Catholic Church has begun… - “Public Rhetoric, Human Nature, and Human Rights” by Mathew D. Garcia Scruggs
Natural law and human rights language is directly connected to discussions about human nature. Public rhetoric describing specific communities often… - “Acknowledging the Moral Courage of Refugees and Responding in Kind” by Jason Grubbs
During a speech at the United Nations on September 23, 2019, President Trump stated that “protecting religious freedom is one… - “Religious Literacy and the Challenge of Interfaith Dialogue (Part 3)” by Shlomo C. Pill
Parliament of the World’s Religions, Chicago, United States, 1893. Wikimedia. Part three of this series on interfaith dialogue focuses on… - “Religious Literacy and the Challenge of Interfaith Dialogue (Part 2)” by Shlomo C. Pill
Parliament of the World’s Religions, Chicago, United States, 1893. Wikimedia. Part two of this three-part series on interfaith dialogue explains… - “Religious Literacy and the Challenge of Interfaith Dialogue (Part 1)” by Shlomo C. Pill
This is the first part of a three-part series exploring some of the methods, possibilities, and skills needed to effectively… - “Arbitration and Church Governance in the UMC’s Navigation of LGBTQ Conflict” by Amin Sadri
Many members of the United Methodist Church (UMC) woke up to unexpected news earlier this month when it was announced… - “Equality or Need: A Theological Look at the 2020 Democratic Presidential Candidates’ Tax Plans (Part 3)” by Allen Calhoun
—Part III— Parts I and II of this article surveyed the 2020 Democratic presidential candidates’ tax proposals, particularly those (like… - “Equality or Need: A Theological Look at the 2020 Democratic Presidential Candidates’ Tax Plans (Part 2)” by Allen Calhoun
—Part II— Part I of this article surveyed the 2020 Democratic presidential candidates’ tax plans and situated proposals for raising… - “Equality or Need: A Theological Look at the 2020 Democratic Presidential Candidates’ Tax Plans (Part 1)” by Allen Calhoun
—Part I— Many Christian theologians of the past two thousand years would likely have supported a wealth tax, but not… - “Standing Rock: Law, Religion, and Morality in Contested Spaces” by Kamil Jamil
“Sacred Stone Camp” by Tony Webster / Flickr / CC BY 2.0 The Standing Rock demonstrations, which began in early… - “Should Courts Care if a Juror Thinks She Might Burn in Hell?” by Nathaniel Romano
“Arms-Fold” by Dorset Photographic is licensed under CC BY-NC 2.0 On September 12, 2019, the United States Court of Appeals for the Fourth Circuit… - “Selling Salvation: Catholic Hospitals in the Healthcare Marketplace” by Allison Roberts
Daughters of Charity holy card. 1896. University of Dayton Libraries / Wikimedia Commons. My mother spent 25 years working for… - “Demystifying the Academic Article” by Gene Zubovich
This fall I taught a graduate seminar on the history of religion in the United States. I have long been… - “Should Assisted Suicide Be Legalized? A Jewish Perspective ” by Aryeh Klapper
Autonomy and dignity are standard grounds for arguments supporting the legalization of assisted suicide. The prima facie case is excellent:… - “Affirmation of Baptismal Faith in the Context of Gender Transition” by Christopher Grout
Cover image: “Baptistry” by patentboy is licensed under CC BY-NC-ND 2.0 . What is the position of an individual who, having transitioned from one gender…