To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Abner S. Greene's Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground? Professor Greene, who is the Leonard F. Manning Professor at Fordham Law School, writes: The question will always be in the … [Read more...] about Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground?
religious freedom
The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Marci A. Hamilton's The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy. Professor Hamilton, who holds the Paul R. Verkuil Chair in Public Law at Benjamin … [Read more...] about The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy
A New Era of Inequality? Hobby Lobby and Religious Exemptions from Anti-Discrimination Laws
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Alex J. Luchenitser's A New Era of Inequality? Hobby Lobby and Religious Exemptions from Anti-Discrimination Laws. Mr. Luchenitser, Associate Legal Director for Americans United for Separation of Church and State, discusses the … [Read more...] about A New Era of Inequality? Hobby Lobby and Religious Exemptions from Anti-Discrimination Laws
Religion and Marriage Equality Statutes
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today's featured article: Professor Nelson Tebbe's Religion and Marriage Equality Statutes. Professor Tebbe, a visiting professor at Cornell Law School, writes: To date, every state statute that has extended marriage equality to gay and lesbian couples has … [Read more...] about Religion and Marriage Equality Statutes
What Really Happened in Indiana?
By Allison Schultz On March 26th, Indiana Governor Mike Pence signed Indiana’s Religious Freedom Restoration Act (RFRA) into law. Unlike the federal RFRA and most other state RFRAs, Indiana’s law explicitly stated that it could be invoked as a defense in private litigation — lawsuits in which the government is not a party. As the national media quickly pointed out, this meant … [Read more...] about What Really Happened in Indiana?
Dangerous Precedents in Hobby Lobby
by Noah Marks Yesterday morning, the Supreme Court decided Burwell v. Hobby Lobby, holding 5-4 that religious owners of closely-held corporations are exempt from the contraception coverage requirement of the Affordable Care Act based on the 1993 Religious Freedom and Restoration Act. Writing for the majority, Justice Alito strains to emphasize the limited scope of the … [Read more...] about Dangerous Precedents in Hobby Lobby
Free Exercise Clause Protection for Junk Science
By Tom Watts Today, the Supreme Court decided Burwell v. Hobby Lobby. In this post, I examine an issue that the Court passed over: whether Hobby Lobby’s belief is actually religious. The Court presumed so, but their presumption was incorrect, and the issue is dispositive. This makes the Court’s decision wrong. The First Amendment protects religious freedom, but it does not … [Read more...] about Free Exercise Clause Protection for Junk Science