The Trump administration is promoting new proposed rules on social service partnerships with faith-based organizations under the banner of religious freedom. A closer look, however, reveals that the proposals would actually eliminate certain religious liberty protections for social service beneficiaries, and that none of the Trump administration’s justifications for its actions holds water. To appreciate…
Over the last few years, I have attempted to present a universal and coherent legal framework for the treatment of God, religion, and conscience by secular legal systems. This project is based on my objections to both traditional religious and current liberal approaches to religious freedom. The religious approach fails because it requires the concept…
On a global level, religious institutions influence the transformations of law in a variety of ways. Many of the world’s most influential religions, such as Judaism, Islam, and Hinduism, contain their own legal systems that interact with secular state law. In addition to these larger systems that drive religious legal change, individuals inspired by religious principles…
This article is part of our “Race, Religion, and Law” series.If you’d like to check out other articles in this series, click here. Last August, DECRADI (a specialized police force in Rio de Janeiro that handles crimes of religious and racial intolerance) announced that since the beginning of 2019, Evangelized drug traffickers had threatened, invaded, deprecated or…
Cover image: Portrait of John Locke by Godfrey Kneller, 1697. Wikimedia Commons. A new Locke manuscript comes to light in the United States. Philosophers have consequences – and few have been more consequential than John Locke (1632-1704). His Essay concerning Human Understanding (1689) was the first modern statement of empiricism, ranking alongside Newton’s Principia in significance…
This is Part 3 of a three-part series in which Elizabeth Shakman Hurd evaluates three common myths about U.S. foreign religion politics and policy. Read Part 1 and Part 2 here. Myth #3: Exceptionalism, American-style: Freedom at home, establishment abroad. The First Amendment of the US Constitution reads in part: “Congress shall make no law…
This is Part 2 of a three-part series in which Elizabeth Shakman Hurd evaluates three common myths about U.S. foreign religion politics and policy. Read Part 1 here. Myth #2: Religion used to be ignored in international affairs but it has returned. Things are looking up. Flourishing government religion bureaucracies reflect this coming to terms…
Americans are often told that the U.S. government and its allies are working to stamp out the forces of intolerance around the world by promoting religious freedom and combatting violent extremism. I’ve always been baffled by these assertions. What do they mean? What does this look like in practice? My book Beyond Religious Freedom is…
United States v. Nagarwala should have marked the beginning of the end for female genital mutilation/cutting (FGM/C) in the United States. Instead, after two contentious years in court, the case unraveled when a federal judge dismissed most of the charges against the defendants. In his 28-page ruling, District Judge Bernard A. Friedman ruled that Congress had exceeded its…