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freedom of religion

Rosado v. Bridgeport Diocese: Privacy, Freedom of Religion, and the Public's Right to Know

July 23, 2009

     On June 2, 2009, the Connecticut Supreme Court issued a ruling in the case of Rosado v. Bridgeport Roman Catholic Diocesan Corporation ordering the release of over 12,000 documents, previously under seal, describing how the Roman Catholic Diocese of Bridgeport, Connecticut, had handled allegations of sexual abuse in 23 separate cases.  On July 17 the [...]

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The Mailbag: Responses to Reader Comments on the Electoral College, Religious Freedom, Defamation, and Signing Statements

July 9, 2009

     Here are responses to reader comments over the past week on a variety of topics.

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The Veil and the Burqa – Constitutional to Ban or Restrict?

July 6, 2009

     Five years ago France prohibited students in public schools from wearing head scarves and veils or other conspicuous religious symbols.  Two weeks ago in a dramatic speech to the French Parliament, President Nicolas Sarkozy denounced the wearing of the burqa as a symbol of "enslavement" and requested legislation that would outlaw the practice in France.  [...]

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The Taliban and the Law

June 19, 2009

    The Taliban in Pakistan are not fighting for national independence or ethnic identity or economic principles.  Instead their principal goal is to replace the normal lawmaking process (legislation enforced in civil courts) with Sharia – Islamic law – to be enforced in religious courts. 

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Gay Rights and Free Exercise: (8) Employment Nondiscrimination Laws and Freedom of Religious Expression

May 5, 2009

     Many states and cities have enacted laws prohibiting employment discrimination on the basis of sexual orientation, and Congress is considering enacting similar legislation – the Employment Nondiscrimination Act (ENDA).  The law enjoys wide support in Congress and President Obama has indicated that he would sign the bill into law.  On the other hand, all [...]

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Gay Rights and the Free Exercise Clause: (2) State Action Doctrine

April 4, 2009

     Some religious conservatives contend that the recognition of equal rights for gays and lesbians violates their right to the free exercise of religion.  They claim that because they believe that homosexuality is a sin, that they therefore have the right to enact laws that make it a crime, or at least that they have [...]

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2008-2009 Supreme Court Term: (1) The Ten Commandments vs. the Seven Aphorisms

November 10, 2008

     Like many American towns, Pleasant Grove City, Utah, prominently displays a statue of the Ten Commandments in the town square.  Summum, a Gnostic religion headquartered in Utah, wishes to have a similar monument to the Seven Aphorisms of its own religion displayed there as well.  In the case of Pleasant Grove City v. Summum the Supreme [...]

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Does a religious group have the right to qualify for government funding despite discriminatory employment practices?

October 18, 2008

     Religious organizations discriminate on the basis of religion in their employment practices.  Christian churches employ ministers and priests, synagogues retain the services of rabbis, and mosques hire imams to perform religious duties.  In addition, for the most part, each individual sect hires clergy of the same sect to lead religious services – Methodists hire Methodists, Roman Catholics [...]

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The Supreme Court at the Tipping Point – Be Sure to Vote

September 2, 2008

     Between 1937 and 1943 President Franklin D. Roosevelt appointed eight justices to the Supreme Court. These justices, who included Hugo Black, Felix Frankfurter, William Douglas, and Robert Jackson, changed the meaning of the Constitution. For the first time in American history the Court began to systematically protect the rights of individuals and minority groups [...]

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The Supreme Court at the Tipping Point – Freedom of Religion

August 18, 2008

     The focus of one of the starkest ideological divisions on the Supreme Court and an area of law that may undergo dramatic change as a result of the 2008 presidential election is the interpretation of the Religion Clauses of the First Amendment.

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