Photo by Jesse Collins on Unsplash This article is part of our “Law, Religion, and the Constitutionalism” series.If you’d like to check out other articles in this series, click here. The meaning of the religion clauses in judicial opinions has changed dramatically over the last 150 years. Doctrine has shifted, sometimes precipitously. The case law…
Photo by Sean Valentine on Pexels This article is part of our “Law, Religion, and the Constitutionalism” series.If you’d like to check out other articles in this series, click here. This essay was originally published on June 16, 2020 in Cato Unbound: A Journal of Debate The Liberty Bell is one of the most prominent…
Photo of Ludwigsburg, Germany marketplace/ maxmann/ Pixabay/ CCO In his dissent in Santa Fe Independent School District v. Doe, wherein the Supreme Court invalidated student-led prayer prior to the start of high school football games, a dismayed Chief Justice William Rehnquist expressed the sentiment of many Americans, that “[t]he Court … bristles with hostility to…
Photo by Joshua Sukoff on Unsplash This article is part of our “Law, Religion, and the Constitutionalism” series.If you’d like to check out other articles in this series, click here. “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.…
Image adapted from Wikicommons by DhLeaks44 / CC BY-SA 4.0 “So Help Him God?:The Case of the Prayerful Juror” Matthew P. Cavedon Mother Teresa said that “listening is the beginning of prayer.” One Florida juror listened in prayer and heard the Holy Spirit telling him to vote not guilty. So he did. Did he violate his oath to…
Image adapted from Wikicommons by DhLeaks44 / CC BY-SA 4.0 Two Tracks for Twelve Steps: Rehabilitation and Religious Liberty in Criminal Sentencing Matthew P. Cavedon Right before Christmas 2019, a Canadian man won a settlement after his bosses made him attend Alcoholics Anonymous. Why? The man is an atheist, while the world-famous recovery program’s twelve steps require participants…
Image by Tom from Pixabay The recent Supreme Court decision in Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel (‘Morrissey-Berru’) has prompted a great deal of debate about the space made for freedom of religion or belief in anti-discrimination or equality legislation. The relevant space typically takes the form of an…
Photo of Supreme Court in Washington, D.C (Creative Commons/Public Domain) The Supreme Court delivered a precedent-setting decision on June 30, 2020, Espinoza v. Montana Department of Revenue. The facts and holding of this case have already been addressed in the Canopy Forum, so I will only summarize them here. Then, following a brief discussion of…
Photo by Andy Feliciotti on Unsplash Many Americans gleam over Uncle Sam’s “wall of separation” between church and state. That this wall should be thick and tall perhaps became even more evident after President Trump posed weeks ago with a Bible minutes after having the National Guard use tear gas to expel peaceful protestors for…
Image adapted from Wikicommons by DhLeaks44 / CC BY-SA 4.0 “Have We Gone Too Far By Tearing Down Religious Monuments?” Adrienne Phillips Religious statues and monuments are prominent cultural, historical, and ecclesiastical focal points around the world. People travel thousands of miles to view them, express their religious devotions, or just admire the beauty. Lately, there has been…