“Fulton and Government-Mandated Vaccinations” by Zachary B. Pohlman

I The COVID-19 pandemic recently passed the one-year mark. Despite the predictions of some health officials a year ago, the once-impossible has become reality: we have a vaccine. Actually, multiple vaccines, with over 100 million doses having been administered already. Recent polling shows that three-quarters of American adults have received or are willing to receive

“Why do restrictions on religious attendance cause ‘irreparable harm’? A Catholic reflection on Diocese of Brooklyn v. Cuomo”

In Diocese of Brooklyn v. Cuomo (2020), the U.S. Supreme Court held that New York’s religious-attendance restrictions “would lead to irreparable injury” to religious communities and, if enjoined or rejected, “would not harm the public interest.” While the decision largely focused on the state’s unequal treatment of religion, the Court’s brief remarks concerning harm and

“The Right to Shun: Ghent’s Misguided Jehovah’s Witness Decision” by Matthew P. Cavedon

“The Right to Shun: Ghent’s Misguided Jehovah’s Witness Decision“ Matthew P. Cavedon In March, the criminal court of Ghent, Belgium fined the congregation of Jehovah’s Witnesses (JW) for “inciting discrimination and hatred or violence against former members.” The case centered on the JW practice of “disfellowshipping.” While the court’s sensitivity to the individual impact of

“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

“Denmark’s Provincial Bias against Foreign Religious Languages” by Matthew P. Cavedon

“Denmark’s Provincial Bias against Foreign Religious Languages“ Matthew P. Cavedon Denmark has proposed a new law regulating religion. Under it, all sermons and homilies must be translated into Danish. This is being billed as a national security measure. It is also being attacked as a burden on small religious communities, an affront to linguistic minorities

“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