On Monday morning, the Supreme Court put off, for a second time, the decision whether to hear Masterpiece Cakeshop v. Colorado Civil Rights Commission, but the core of the issue is unlikely to remain unresolved for long. The case is just one of a number of disputes in which small-business…
Religious Free Speech in Australia: CDF v Gaynor
Can a reserve member of the Armed Forces make controversial, religiously motivated, political comments on a private website contrary to Defence Force policy? Sadly, the answer provided by the recent decision in Chief of the Defence Force v Gaynor [2017] FCAFC 41 (8 March 2017) is, No, not without having…
The Boy Who Cried Wolf Hypothesis (Further Thoughts in Response to Rob)
First, Rob writes that Christians are “lead[ing] the charge” against Muslims in some communities, citing conservative Christian support for so-called anti-Sharia laws and for the denial of zoning permits for the construction of mosques. I wonder if this is true. No doubt some conservative Christians do support these policies. But…
Plaques, noticeboards and acknowledgements
Faculty jurisdiction and external signage The commercial relationship between individual churches and external organizations frequently requires the display of clearly visible signage, often outside the church building. This was the substance of the recently-reported Re St Bartholomew Welby [2017] ECC Lei 1,in which the court considered how a grant from…
Boersma on Religious Law Schools
Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to…
“Trial of Pakistani Christian Nation” By Nazir S Bhatti
London: December 22, 2016. (PCP) Former president of Pakistan and co-chairman of the Pakistan People’s Party (PPP) Asif Ali Zardari has told the Ameer Jammat-e-Islami Sirajul Haq to take back the Sindh Assembly’s recently passed forced conversion bill in the. Siraj thanked the PPP leader for taking into consideration the…
Law and religion round-up – 22nd January
From the www.lawandreligionuk.com wekkly roundup of law and religion news: Brexit Northern Ireland elections The Charity Commission and the Jehovah’s Witnesses Assisting suicide: the DPP’s policy Burial rights reform Unsafe memorials in cemeteries The UKSC Brexit judgments: R (Miller) etc
Fears Grow Over Religious Freedom Restrictions In Vietnam
Religious freedom in Vietnam is at risk of deteriorating under the government’s new Law on Belief and Religion, a senior bishop told officials on Monday. Bishop Peter Nguyen Van Kham, secretary general of the Catholic Bishops’ Conference of Vietnam, was speaking at a meeting between government officials and representatives from…
Taiwan’s Lessons for the Mainland: China’s First Legal Discussion on Religious Online-Dissemination
Professor Zhou Fuchu: The Internet age has a profound influence on the human society. The ancient religious information also radiates in the Internet age. On Dec 10, 2016, the legal issue of religious information online transmission was discussed at an international symposium on religion and rule of law. Many […]…
Ecclesiastical court judgments – December
The post Issues of equality in the consistory courts considers the application of the Equality Act 2010 to the proposed disabled access to a pre-fabricated timber frame building into the community garden at the church, Re St Christopher Walworth [2016] ECC Swk 14. In addition to the inexcusable actions by…
HB 1523 opponents growing in number
The U.S. 5th Circuit Court of Appeals is gearing up to hear arguments on HB 1523 after U.S. District Judge Carlton Reeves ruled the law unconstitutional in June. On Dec. 23, various attorneys filed six amicus briefs in the appellant court representing a total of 70 people or groups with…
Disputed property, Church privileges and A1P1 ECHR: Sociedad Anónima del Ucieza
The ECtHR has handed down judgment in Sociedad Anónima del Ucieza v Spain [2016] ECHR (Application No. 38963/08) [In French]. The dispute was over the registration of ownership of a mediaeval church. Click here to view full article at www.lawandreligionuk.com
Four Pieces on Culture Warring–Inevitable, Interminable, Permanent
For one reason or another, a number of people in the blogosphere have been writing culture war posts in the last few days. Perhaps it’s the end of the year, or the looming political changes, or exam avoidance, or just the holiday cheer. For those who are interested, have a…
Update on 2016 Law and Religion issues and preview for 2017
It seems a good time of the year to take stock of the current status of some important Law and Religion issues discussed this year, and to flag some upcoming issues for the New Year. A. Same Sex Marriage 1. Making the change in Australia? 2. Protecting Religious Freedom if…
Top Ten Religious Liberty and Church-State Developments of 2016
For an alternative view of the Top Ten Religious Liberty Stories of 2016, see this post by Baptist Joint Committee blogger Don Byrd. Each year in December, I attempt to pick the most important church-state and religious liberty developments of the past year. This was a busy year, and a…
Law and religion round-up – 25th December
Charity and the advancement of religion Annual reporting consultation Short-term visitor visas for clergy The Great Irish Bake-Off series 3? Yet more on Brexit Quick links And finally…A member of the Polish Parliament, Beata Mateusiak-Pielucha of the ruling Law and Justice Party, has argued that “We should demand that atheists,…
Supreme Court takes Christian-affiliated hospital pension case
(Reuters) – The U.S. Supreme Court on Friday agreed to hear appeals by Christian-affiliated hospital systems of lower court rulings that gave the green light to employee lawsuits accusing them of wrongly claiming a religious exemption from federal pension law. New Jersey-based St. Peter’s Healthcare System, Illinois-based Advocate Health System…
Same-Sex Marriage cases and articles
A roundup of one court opinion and three essays relating to the same-sex marriage decision in Obergefell v. Hodges by SCOTUS.
Religious Freedom for Law Students—Emory University
Last week, Emory University School of Law received an anonymous one million dollar gift to “expand training in religious freedom for law students and bring new scholarship and fresh voices to the field.” The money will fund a new four-year project at the Center for the Study of Law and Religion called…
Recent Books and Articles on Religion and Law
Religion Clause blog has a nice list of articles addressing the interaction between religion and law. Some of the more interesting ones (to me): Jennifer Carr, Complicity and Collection: Religious Freedom and Tax, (University of St. Thomas Law Journal, Vol. 11, No. 2, p. 183, Spring 2014). Robert D. Goldstein, The Structural Wall…
Center for Law and Religion (Cardiff University)
There are only a handful of whole organizations devoted to the study of law and religion in the US and the UK. Once such is the Law and Religion Scholars Network is hosted by the Centre for Law and Religion at Cardiff University. The Centre was the first such organisation in the UK…
Graduation Prayers in Public Elementary Schools
For me, this was a fascinating opinion. It is a Federal District Court decision from the South Carolina District concerning graduation prayers in the Greenville County School district. The case is American Humanist Association v. South Carolina Department of Education (D SC, May 18, 2015). The facts behind the case were that many…
Donate to earthquake relief in Nepal
While the media gave good attention to the event and needs in Nepal, the nature of modern media is to move on to the next thing. Yet the needs in the Himalayas continue to worsen, especially as attention wanes. Helping needy people is a Christian calling, of course, but it is also…
Indiana’s Religious Freedom Restoration Act and Speaking Before Researching
This post is late to the game, as the media controversy over Indiana’s recent Religious Freedom Restoration Act seems to have boiled over and then simmered back down, taking a back seat to the next outrage. During the first stages of any scandal in the modern age, critical thinking or calm…
“Not under man, but under God and law”: unconstitutional in courtroom? Lord Coke, history, and the state and church
Here is a story that combines almost all my areas of interest: law in the US, law in the UK, history, and religion. Sir Edward Coke (pronounced “cook”) was a barrister and a judge in 17th century England, where he both represented and judged some of the most famous cases in common…