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freedom of religion

Christian Legal Society v. Martinez (Part 6): Does a Religious Organization Have Greater Constitutional Rights to Discriminate than Other Groups?

January 9, 2010

     In this final installment on this pending case I discuss whether or not a religious organization like CLS has a constitutional right to discriminate that is superior to the rights that other advocacy groups might have.

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Christian Legal Society Chapter v. Martinez (Part 2)

January 5, 2010

     The difficulty of this case stems from the number of constitutional doctrines and principles which are intertwined, a tangled skein of general rules and fundamental values.

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2009-2010 Supreme Court Term: (4) Christian Legal Society Chapter v. Martinez (Part 1) – Do Universities Have to Recognize (and Fund) Student Religious Organizations That Discriminate?

January 4, 2010

     This term Supreme Court agreed to hear the case of Christian Legal Society Chapter v. Martinez.  In today's post I will introduce the topic, and in subsequent posts I will analyze different aspects of the case.

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Atheist Elected in North Carolina, Presenting an Easy Religious Freedom Case

December 15, 2009

     David Waters of the Washington Post reports that Cecil Bothwell, an atheist, was elected to city council in Asheville, North Carolina, despite a provision of the North Carolina state constitution which provides that "any person who shall deny the being of the Almighty God" is disqualified from holding public office.  This presents an easy [...]

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2009-2010 Supreme Court Term: (3) McComb v. Crehan – Student Religious Speech at Graduation

November 25, 2009

     The Constitution contains two provisions protecting freedom of religion: the Establishment Clause and the Free Exercise Clause.  There are many situations where these two clauses conflict.  Cases where students wish to speak about their religion at graduation is one of those situations.

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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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