During this past week, I’ve offered a series of thoughts about why traditionalist Christian (specifically Catholic and Baptist) claimants in religious liberty cases now appear to be the disfavored parties in court. Several responses to my postings offered thoughtful questions about methodology or provocative arguments about religious liberty. Other comments, salted with pejorative labels (“pseudo-science,” […]
Author Archive | Greg Sisk
Do Traditionalist Christians Lose in Court Because They Present Marginal Religious Liberty Claims (Explanations Part Three)?
Could it be that Catholics and Baptists raising religious liberty claims in the federal courts lose more often simply because they deserve to lose, as they present weaker legal claims justly turned back by the courts? Within the hour after my first posting on Monday, a few commentators moved with amazing alacrity toward the assumption […]
Explaining the Disadvantage in Court for Traditionalist Christians Making Religious Liberty Claims (Part Two):
In yesterday’s post, when exploring the reasons why traditionalist Christians are significantly less likely to succeed with religious liberty claims, compared to other religious groupings including members of minority religions, I turned aside the possibility of old-fashioned bigotry and questioned the assertion that supposedly mainstream believers do not need or deserve judicial protection for religious […]
Explaining Why Traditionalist Christians are at a Disadvantage in Making Religious Liberty Claims in Court (Part One):
In yesterday’s guest post, based upon our empirical study of a religious liberty cases in the federal courts, I reported that the conventional wisdom that members of minority religions are significantly less likely to secure a favorable hearing from judges in the modern era was found to be without support. Just as importantly, the myth […]
Religious Liberty in the Courts: Are Traditionalist Christians Now the Disfavored Group?
The enduring legal myth is that members of minority religious groups face a decidedly uphill battle in securing accommodation for unconventional religious practices, expression, or values from the courts. According to the conventional wisdom, traditional Christian believers may anticipate a more hospitable welcome from the judiciary when asserting claims of conscience or religious liberty. However […]