Underground Faith
by Mark MovsesianRequiring church ads—and only church ads—to include disclaimers is a kind of disparagement that places churches at an unfair disadvantage in the marketplace of ideas. Continue Reading »
Public Schools and the Wall of Separation
by Mark BauerleinThe famous phrase “wall of separation of church and state” today enjoys the status of legal precedent, but here’s a curious fact. The phrase comes from the letter Thomas Jefferson wrote to the Danbury Connecticut Baptists who feared that state politicians would suppress them. When the Baptists received the letter, however, they didn’t celebrate and publicize the statement. They didn’t even record it in the minutes of their proceedings. “They pretend it never existed.” Continue Reading »
A Legal Perspective on the Marriage Pledge
by Mark McCallMany of the responses to the Marriage Pledge from both sides of the divide on same-sex marriage have reflected substantial confusion over the distinction between Christian and civil marriage and what the role of the clergy is in the marriage ceremony. My purpose here is to clarify that distinction and then to evaluate criticisms of the Pledge when the distinction between the two types of marriage is properly understood. Continue Reading »
Chaput, Morals, and the Law
by Mark BauerleinIn anticipation of tonight’s Erasmus lecture by Archbishop Chaput, and for those who aren’t familiar with his writings, here is a short essay by him at Public Discourse two months ago that lays out a particular pressure suffered by faithful at the current time. It is the role of law in their religious observance, or rather, the conflict between the two. Continue Reading »
Yesterday’s Decision in the Legislative Prayer Case
by Mark MovsesianMost of our fights about the Establishment Clause boil down to this: What can a religious minority reasonably require of the majority? Or, put differently, how far must the majority go to accommodate the sensibilities of the minority? Here, the Court seems to be saying, if a town is overwhelmingly Christian, non-Christians cannot legitimately expect that legislative prayers will be anything but overwhelmingly Christian. To insist on something else would be unreasonable. Continue Reading »
Religion’s Social Goods
by Mark MovsesianA growing number of legal scholars question whether a justification exists for protecting religion as its own category. Yes, the text of the First Amendment refers specifically to religion, they concede, but that’s an anachronism. As a matter of principle, religion as such doesn’t merit . . . . Continue Reading »
St John’s/Villanova Joint Colloquium in Law and Religion
by Mark MovsesianFor those who are interested, here’s a brief writeup of the inaugural Joint Colloquium in Law and Religion, which the St. John’s Center for Law and Religion and Villanova Law School co-hosted this semester. The Joint Colloquium used “virtual classroom” technology that allowed . . . . Continue Reading »
Everyone Deserves a SWAT
by Kate PitroneOne of the consequences of the inner city violence that Peter mentions in the previous piece was the rise of the SWAT team. The country’s first official SWAT team started in the late 1960s in Los Angeles. By 1975, there were approximately 500 such units. Today, there are thousands. According . . . . Continue Reading »
Gay Marriage, Free Exercise of Religion, and Civil Rights
by Kate PitroneJust a brief note to start a conversation about the case of the baker, Jack Phillips , who refused to make a wedding cake for a gay couple who had been married in Massachusetts and wanted to celebrate with a party in Colorado. Phillips is a Christian. He does not refuse service to gays . . . . Continue Reading »
Domestic Partners and the US Military
by Kate PitroneLeon Panetta, Secretary of Defense, sent out a memorandum the other day about ” Extending Benefits to Same-Sex Partners of Military Members “. You could look at it as the other shoe dropping with the repeal of “Don’t Ask Don’t Tell. Now, you tell so you can be . . . . Continue Reading »
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