Religion and the Law
3 Unsettled Questions Regarding the Constitutionality of Public Funding of Religious Schools
The charter school movement has seen many recent Supreme Court victories widening their scope to faith-based education, but some ambiguities remain.
Frozen Embryos Are Now Children Under Alabama Law
State Supreme Court Chief Justice Tom Parker cited the Bible to explain why.
Nebraska Court Upholds Order That Father Not Take Son to Sweat Lodge
The court is silent on whether it would be OK to take him to Houston in July.
"Protecting People from Their Own Religious Communities: Jane Doe in Church and State,"
a new article of mine, is now available at the Journal of Law & Religion.
Washington Court Refuses to Enforce Saudi Child Custody Decree
"During the custody battle [in Saudi Arabia], Ghassan AlHaidari accused Bethany of gender mixing, adultery, and insulting Islam and Saudi Arabia. Gender mixing, a punishable crime, entails having a male friend. To prove the charge of adultery, Ghassan submitted a photograph of Bethany with a male, who Ghassan claimed to be her boyfriend. The crimes of adultery, insulting Islam, and insulting Saudi Arabia carry a death penalty in Saudi Arabia."
"A Woman Intentionally Crashed Her Car Into What She Thought Was a Jewish School …
because she was angry about the Israel-Hamas war, Indianapolis police said."
Old gun controls that were constitutionally repealed are not precedents for modern gun control
Amicus brief in Supreme Court's Second Amendment Rahimi case
Denmark May Ban Burning the Quran
A cabinet minister who once defended the right to blaspheme now wants a crackdown.
No Constitutional Right to Opt out of Sexual-Minority-Themed Curriculum Elements at Public Elementary School
A federal court rejects challengers' Free Exercise Clause and parental rights claims.
No Matter What Trump Does, Evangelicals Still Love Him
What does that tell us about the state of American Christianity?
Supreme Court Clarifies 'Undue Hardship' Standard for Religious Accommodations in the Workplace
Plus: Perspectives on the affirmative action ruling, how U.S. policy is thwarting Cuban capitalists, and more...
S. Ct. Unanimously Broadens (Somewhat) Employees' Rights to Religious Exemptions from Neutral Work Rules
The decision, which interprets Title VII's reasonable accommodation provision (enacted in 1972), applies to private employees as well as government employees.
Schools Have No Constitutional Obligation to Try to Keep Students from Having Sex in the Parking Lot
"[T]he Does cannot wield the constitutional right to parent as a sword to require the district to adopt policies that help them to direct and control their son's choices," and likewise as to the right to free exercise of religion.
Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
An Orthodox Rabbi Makes the Case for Legalizing Organ Markets
Some of the points made by Rabbi Yitzhak Grossman in the course of assessing the issue under Jewish law have broader significance, as well.
On Religious Divisiveness and the Judicial Role
Justice Breyer thought the Establishment Clause authorizes judges to improve the tone of political discourse. It does not.
Justice Breyer's Establishment Clause Particularism
Justice Breyer saw church-state controversies as highly and inevitably fact-bound, solvable only through a judicial balancing exercise.
Roy Moore Is (Still) Constitutionally Illiterate
A lesson in how to ensure you lose a case in court.
"Appeasement"? Or, Avoiding Error?
Justice Breyer did not always vote with the Court’s strict-separationist justices. Good for him.
Justice Breyer and the Establishment Clause
Even without writing majority opinions, his contributions were important.
Court Upholds Order Limiting Divorced Father's Talking to Gay Son About Sexual Orientation and Religion
"[W]e find no error by the trial court in finding that Father had mentally abused N. The circuit court concluded that N. was 'frightened,' 'scared,' and 'fearful' of his Father's anger and his Father's refusal to accept his sexual orientation."
Do the Natcons Get Anything Right?
Plus: A listener asks if the Roundtable has given the arguments of those opposed to low-skilled immigration a fair hearing.
Conservatives Pushing 'Common Good Capitalism' Sound a Lot Like Progressives
The ideology champions the same tired policies that big government types predictably propose whenever they see something they don't like.
