Or in soybean-based ink. George Will’s column today discusses the Elane Photography case that Eugene has been blogging (and participating in as amicus curiae). The case involves a First Amendment Free Exercise Clause/New Mexico Religious Freedom Restoration Act defense to penalties the New Mexico Human Rights Commission assessed against Christian photographers who refused for religious reasons […]
Archive | Religious Freedom
Just Say No to Terrorism
In the 1980s, First Lady Nancy Reagan famously urged kids to “just say no” to drugs. Although I’m no fan of the War on Drugs, she was certainly correct to point out that saying “no” is a good way of avoiding the dangers of drug use. Co-blogger Eugene Volokh makes a similar argument with respect […]
The Arab Spring and the Video Riots
Ever since the Arab Spring began, I have been concerned that it could ultimately result in the establishment of Islamist regimes as bad or worse than the more secular dictatorships they replaced. One of the reasons for that fear is that public opinion in many Arab nations is highly illiberal and intolerant. As a result, […]
New Mexico Supreme Court Will Hear the Elane Photography Case
I’m pleased to say that the New Mexico Supreme Court will hear the Willock v. Elane Photography case, which I’ve blogged about extensively. The court will now decide whether (1) holding a wedding photographer liable for refusing to photograph a same-sex commitment ceremony violates New Mexico’s statutory ban on sexual orientation discrimination, and (2) even […]
English Court Lets 10-Year-Old Girl Choose to Be Baptised, Over Jewish Mother’s Objections (but with Christian Father’s Permission)
By Eugene Volokh on August 6, 2012 1:18 pm in Child Custody and Constitutional Law, Children's Rights, Parental Rights, Religious Freedom
There’s been some recent buzz about this court decision, In the Matter of C (Romford County Ct. May 11, 2012); see, for instance, here, here, and here. I tend to think the court decision is correct, and here’s why. The parents were nonobservant Jews for most of their marriage, but at the very end of […]
Georgia Law Banning the Carrying of Guns to Church, Unless One Notifies and Gets Permission from Church Management
Today’s GeorgiaCarry.org v. Georgia (11th Cir. July 20, 2012) upholds the ban against a challenge under the Free Exercise Clause and the Second Amendment. An excerpt (some paragraph breaks added): [A.] In 2010, the Georgia legislature, apparently concerned that the carrying of [knives and handguns] and long guns would likely present an unreasonable risk of […]
Federal Judge Issues Temporary Restraining Order Authorizing Opening of Murfreesboro (Tenn.) Mosque
The mosque had aroused a great deal of public opposition; the county planning authorities nonetheless granted the necessary building permits; but a state court ruled that the county hadn’t given sufficient notice to the public about its meetings, given the heightened public interest in the mosque. The court therefore blocked the issuance of an occupancy […]
Elane Photography, LLC v. Willock Petition for Review to the New Mexico Supreme Court
The petition is here; for more on the case, and why I think the New Mexico Court of Appeals decision is wrong, see here. See also this post by Hans Bader (CEI’s OpenMarket.org)
Equal Participation for Muslim Schools, Oh My!
The AP reports: The Louisiana House gave final legislative passage Monday to a $3.4 billion elementary and secondary school spending plan …. The Jindal administration urged passage of the spending plans. They will fund the governor’s newly created statewide voucher program that funnels tax dollars toward private and parochial school tuition for students who otherwise […]
Do Religious Freedom Restoration Acts Apply When Courts Enforce Civil Causes of Action?
I blogged earlier today about the New Mexico Court of Appeals decision in Willock v. Elane Photography, which held that a wedding photographer could be held liable for refusing to photograph a same-sex commitment ceremony. I argued that the decision violated the photographer’s First Amendment rights not to create expressive works (such as photographs) that […]
Catholic Institutions Sue Over Contraception Mandate
By Jonathan H. Adler on May 21, 2012 4:25 pm in Health Care, Religion and the Law, Religious Freedom
Several Catholic dioceses and universities filed suit today against the so-called contraception mandate, the Washington Post reports here and here. In all twelve lawsuits were filed in twelve separate federal district courts. There are 43 separate plaintiffs in these suits, including the Archdioceses of Washington, D.C. and New York, Catholic University, and the University of […]
Arizona Categorically Bans Consideration of a Person’s Religiously Motivated Acts in Government Appointments
Arizona Categorically Bans Consideration of a Person’s Religiously Motivated Acts in Government Appointments The just-enacted Ariz. Rev. Stat. § 41-1493.04 provides, in relevant part: B. Government shall not deny a person an appointment to public office or a position on a board, commission or committee based on the person’s exercise of religion. C. This section […]
How the British Gun Control Program Precipitated the American Revolution
By David Kopel on May 14, 2012 2:17 pm in Constitutional History, Guns, History, Militia, Religion, Religious Freedom
I posted a draft of this article a few months ago, and I thank VC readers for some helpful comments in improving it. The final version has been published by the Charleston Law Review, and is available on SSRN. Here’s the abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the […]
Minister Prosecuted for Teaching Parishioners to Hit Children “on the Bare Buttocks with Wooden Dowels”
The Wisconsin State Journal reports: A Dane County judge on Thursday denied a motion to dismiss charges against a Black Earth pastor convicted of conspiracy to commit child abuse for advocating the use of wooden rods to spank children as young as 2 months old. Philip Caminiti, 55, pastor of the Aleitheia Bible Church, was […]
California Bill Would Ban Psychotherapy Aimed at Changing Under-18-Year-Olds’ Same-Sex “Desires, Attraction, or Conduct”
By Eugene Volokh on April 25, 2012 3:25 pm in Children's Rights, Parental Rights, Religious Freedom, Sexual Orientation
The bill is SB 1172, and it bans “psychotherapy” of under-18-year-olds “aimed at altering the sexual or romantic desires, attractions, or conduct of a person toward people of the same sex so that the desire, attraction, or conduct is eliminated or reduced or might instead be directed toward people of a different sex.” This so […]