Picture by Todd van Hoosear (CC BY-SA 2.0 DEED). In June 2023, the Supreme Court announced two significant First Amendment decisions: 303 Creative LLC v. Elenis and Groff v. DeJoy. In 303 Creative, both the majority and the dissent commented on what a difference time can make. But in both 303 Creative and Groff, I…
Image: “Abbey, Church, Interiors” from Pixabay (License). This article is part of our “The Religious Freedom Restoration Act at Thirty” series. If you’d like to explore other articles in this series, click here. It hardly seems imaginable today, but the Religious Freedom Restoration Act, which restored strict scrutiny and made it easier for citizens to receive religious…
Picture titled “Church, Religion, Freedom” from Pixabay (License). This article is part of our “The Religious Freedom Restoration Act at Thirty” series. If you’d like to explore other articles in this series, click here. I n a democratic multi-religious society, regulating religious freedom is a tricky issue. However, examining the issue from the perspective of a European…
Saint Isaac’s Cathedral in St. Petersburg, Russia by Peter H. on Pixabay. Many Christians celebrate the Supreme Court’s decision in 303 Creative, LLC v. Elenis as a bulwark against coercion. In 303 Creative, the Supreme Court held that a Christian web designer has a First Amendment free speech right to refuse service to couples seeking…
Picture of The Umayyad Mosque in Damascus, Syria by James Gordon (CC BY 2.0) This article is part of our “Reassessing Democracy: Contemporary Perspectives” series. If you’d like to check out other articles in this series, click here. Since the 9.11 attacks and subsequent Global War on Terror, one of the major fields of study related to…
Image: Church Altar Pews (Pixabay) This article is part of our “Reassessing Democracy: Contemporary Perspectives” series. If you’d like to explore other articles in this series, click here. T here is no single Catholic political philosophy. Some intellectuals, like twentieth-century philosopher Heinrich Rommen, have even suggested that “Catholic political philosophy” is a contradiction in terms, given the…
Picture of the Chicago Skyline from Grant Park in by James Conkis (CC BY-SA 4.0). This essay is an introduction to our thematic series, “Reassessing Democracy: Contemporary Christian and Islamic Perspectives.” How do religious communities approach democracy? What religious beliefs, practices, and histories inform those views? And what does democracy look like when viewed through…
Picture of the Supremo Tribunal Federal in Brazil by Dennis W. Asfour (CC BY-SA 4.0). In Brazil, the constitutional preamble of the 1988 Federal Constitution contains the expression “under the protection of God,” which has sparked debates for many years regarding its legally binding relevance. A landmark decision (the ADI 2076) even addressed whether the…
Abraham and the Angels by Andries Snellinck (PD-US). What is the relationship between faith and constitutional interpretation? Superficially understood, this could refer to popular polemic of taking the specific religious faiths (religious affiliations) of Supreme Court justices, reducing these affiliations to political opinions, and construing these observations with the justice’s interpretive ideology. More esoterically, “faith”…
James West investigating the Constitution. From NASA (PD-US). Let’s explore an out of the ordinary way of thinking about the relation between religion and accounts of constitutional interpretation. In a recent article, I argued against the theory of “original public meaning” in constitutional and other legal interpretation, pointing to a “distinct, deadly, bit of intractable…