In Penn v. New York Methodist Hospital , (2d Cir., March 7, 2018), the U.S. 2nd Circuit Court of Appeals in a 2-1 decision held that a hospital "only historically connected to the United Methodist Church but still providing religious services through its pastoral care department" may invoke the ministerial…
Law and religion round-up – 11th March
IICSA begins hearings on the Church of England, Ireland clears the way for a referendum on abortion and the President of the Supreme Court tackles the vexed question of niqabs in court. Lady Hale on religious dress The Supreme Court website has posted the text of Lady Hale’s Sultan Azlan…
“Religious Exemptions” (Vallier & Weber, eds.)
It is difficult to pinpoint precisely when the debate about religious accommodation became the single most important topic in academic and legal debates about religious freedom, but two things are nearly certain: (1) it has now decisively displaced the issue of religious displays and religion in public as the preeminent…
Lee v McArthur: the Gay Wedding Cake revisited
In a guest post, Dr Michael Arnheim, Barrister at Law and Sometime Fellow of St John’s College, Cambridge, offers another view of Lee v McArthur & Ors [2016] NICA 29 and the forthcoming appeal. Introduction What is the point of yet another article on the “Gay Wedding Cake” saga? Just…
Bowman, “Christian: The Politics of a Word in America”
Recently I have written about what I have termed “anti-Christian identity politics,” an emerging style of political identification and argumentation in an increasingly fragmented country. Here is a new book by historian Matthew Bowman, Christian: The Politics of a Word in America (HUP) that explores political divisions among groups that…
Balancing Religious Freedom Rights is not “Discrimination”
Australia is in the middle of a debate as to the extent to which religious freedom rights should be accommodated in legislation introducing “same sex marriage” (SSM). Those who object to this idea tell us that: Christian conservatives – following the lead of their counterparts in the United States –…
Rogan, “The Moral Economists”
I don’t know too much about the subject, but the description of this new book on the history of economics from Princeton University Press caught my attention. The Moral Economists: R.H. Tawney, Karl Polanyi, E.P. Thompson, and the Critique of Capitalism , by Cambridge historian Tim Rogan, recounts the criticisms…
10th Circuit: ERISA “Church Plan” Exemption Does Not Violate Establishment Clause
In Medina v. Catholic Health Initiatives , (10th Cir., Dec. 19, 2017), the U.S. 10th Circuit Court of Appeals held that Catholic Health Initiatives retirement plan for employees of 92 hospitals qualifies as a “church plan” under ERISA. One of the issues in the case was resolved by the Supreme…
Gingras, “Science and Religion: An Impossible Dialogue”
We are delayed in noticing this book by Yves Gingras, a historian of science, concerning the very popular idea of “dialogue” between religion and science. Gingras takes the unfashionable view that there may be nothing much to talk about in Science and Religion: An Impossible Dialogue (Wiley Press). Indeed, “dialogue”…
Religious Challenge To Missouri Informed Consent Abortion Law Goes To State High Court
In Doe v. Greitens , (MO App., Oct. 3, 2017), a Missouri appellate court transferred to the state Supreme Court an appeal in a religious freedom challenge to the state’s abortion Informed Consent Law. Missouri’s law requires that a person seeking an abortion first receive a booklet containing specified information,…
Law and religion round-up – 7th January
Marriage and parochial fees, Gift Aid, Scientologists, hijabs, Brexit – and priority for Buddhist monks… Marriage certificates The Sunday Times reported (£) on New Year’s Eve that the Home Office is likely to approve the inclusion of mothers’ names on marriage certificates. According to the report, “A Home Office source…
“Christianity and Natural Law” (Doe, ed.)
Within Christian thought, natural law is typically seen as a Catholic concept, indeed, as a concept that distinguishes Catholicism from other Christian communions, like Orthodoxy and Protestantism–the former of which rejects natural law as too cerebral and the latter as too optimistic, given fallen human nature. A new collection of…
The SEC, same sex marriage, and the Primate’s Meeting
Primus generates less heat than some predicted The Scottish Episcopal Church has issued the following Press Release on the address of the Primus to the Anglican Communion Primates’ Meeting, [our emphasis]. Primus addresses the Anglican Communion Primates’ Meeting October 3, 2017 Primus addresses the Anglican Communion Primates’ Meeting on Scottish…
Free speech and vilification in the marriage law postal survey
Australia is involved in a debate about whether same sex marriage should be introduced. The question is being put to the electors in the form of a voluntary postal survey, the question in which is simply: “Should the law be changed to allow same sex couples to marry?” The original…
Farrelly, “Anti-Catholicism in America: 1620-1860”
Hostility to Catholicism is one of the hearty perennials of the study of law and religion in America. I have recently argued i n this piece that there was an important shift in the political rhetoric of the late 19th and early 20th century from accentuating anti-Catholic to anti-Christian themes.…
Dismissal for opposition to same-sex adoption: Mr R Page
Is opposition on grounds of conscience to adoption by same-sex couples protected by equality legislation and the ECHR? That was the issue before the Tribunal in Mr R Page v NHS Trust Development Authority [2017] UKET 2302433/2016 . The background At the time of his appointment as a Non-Executive Director…
New paper: “The Two Separations”
From the Law and Religion Forum: Here’s a new paper of mine, The Two Separations . Here’s the abstract: There is nothing self-evidently attractive about separation — whether of church and state or anything else — as a model for individual or collective life. Pursuing separation is not like pursuing…
Hyde, “Civic Longing”
In a recent paper , I argue that the ambit of civic identity among Americans is shrinking, which is one reason for the rise of identity politics, including a particular variety of anti-Christian identity politics. In Civic Longing: The Speculative Origins of U.S. Citizenship (Harvard UP), Carrie Hyde, a professor…
Recent Articles of Interest
From SSRN: Marc O. DeGirolami, On the Uses of Anti-Christian Identity Politics , (Religious Freedom and LGBT Rights: Possibilities and Challenges for Finding Common Ground (Robin Fretwell Wilson & William Eskridge eds., Cambridge University Press, Forthcoming)). Adam Hersh, Daniel in the Lion’s Den: A Structural Reconsideration of Religious Exemptions from…
Review of NT discrimination law- guest blog
The Northern Territory government has released a discussion paper called Modernisation of the Anti-Discrimination Act (Sept 2017). It invites comments by 3 December 2017. You can almost get the tone of the paper from the title! After all, who in this fast-changing age could oppose anything called “modernisation”? But there…
“The Conversation” misleads on impacts of same sex marriage
Two pieces in the Australian online forum “The Conversation” today make misleading statements about the possible impacts of the recognition of same-sex marriage in Australia, and warrant some response. One article suggests that there is no doubt that churches will still be able to decline to solemnise same-sex marriages. The…
Reluctant Judge Holds Cross On County Seal Is Unconstitutional
In Freedom From Religion Foundation, Inc. v. County of Lehigh , (ED PA, Sept. 28, 2017), a Pennsylvania federal district court held that a large, central Latin cross in the seal and flag of Lehigh County, Pennsylvania violate the Establishment Clause under the Lemon test and the endorsement test. However…
South Carolina Supreme Court Resolves Property Dispute In Episcopal Church
In The Protestant Episcopal Church in the Diocese of South Carolina v. The Episcopal Church, (SC Sup. Ct., Aug. 2, 2017), the 5-member South Carolina Supreme Court in 5 separate opinions spanning 77 pages resolved a property dispute that arose after a split in the Episcopal Church in South Carolina.…
From Law and religion round-up for 29th October
An incredibly busy week, but at least everyone’s had an extra hour in bed… (Un)protected beliefs In a judgment of 13 October, Mr S T Uncles v NHS Commissioning Board and others [2017] UKET 1800958/2016 , an Employment Tribunal held that a “philosophical belief in English nationalism” was not a…
European Court Affirms Jurisdiction of Ecclesiastical Courts
In Nagy v. Hungary, (ECHR, Sept. 14, 2017), the Grand Chamber of the European Court of Human Rights, by a vote of 10-7, upheld the exclusive jurisdiction of ecclesiastical courts over contractual disputes that are matters of ecclesiastical law. In the case, a pastor in the Reformed Church of Hungary…