Posts filtered by tags: Free Exercise Clause[x]


 

"Supreme Court says Montana program aiding private schools must be open to religious schools."

WaPo reports.Chief Justice John G. Roberts Jr., writing for a conservative majority in the 5 to 4 ruling, said the Montana Supreme Court was wrong to strike down the program because of a provision in the state constitution that forbids public funds from going to religious institutions. The U.S. Constitution’s protection of religious freedom prevails, he said.“A state need not subsidize private education,” Roberts wrote. “But once a state decides to do so, it cannot disqualify some private school...
Tags: Supreme Court, Education, Law, Montana, John Roberts, Roberts, WaPo, John G Roberts Jr, Montana Supreme Court, Religion And Government, Establishment Clause, Ann Althouse, Free Exercise Clause


"The law Pence signed — a Religious Freedom Restoration Act (RFRA) — has been around since President Bill Clinton approved a federal version of the law in 1993."

"Traditionally, RFRAs were used to protect religious minorities, including the Amish and Muslims. But as conservatives have lost battles over LGBTQ rights (particularly same-sex marriage), they have turned to religious freedom laws in an attempt to carve out methods to continue allowing discrimination."From a Vox article titled "Mike Pence for Donald Trump's vice president? It's an extra awful choice for LGBTQ rights" that at least tries to reconcile the recent denouncement of RFRAs with the 199...
Tags: Law, Indiana, Homosexuality, Bill Clinton, Christianity, Islam, Lgbtq, Vox, Donald Trump, Mike Pence, Scalia, RFRA, Ann Althouse, Free Exercise Clause


"For liberals, the question now is how to deal with the losers in the culture wars. That’s mostly a question of tactics."

Writes Mark Tushnet, in part of a 6-point plan for "abandoning defensive-crouch liberalism" (energized, prematurely, by the 4-4 balance on the Supreme Court):The culture wars are over; they lost, we won. Remember, they were the ones who characterized constitutional disputes as culture wars (see Justice Scalia in Romer v. Evans, and the Wikipedia entry for culture wars, which describes conservative activists, not liberals, using the term.) Professor Tushnet doesn't bother to put in links. I found...
Tags: Google, Japan, Same-sex Marriage, Supreme Court, Law, Wikipedia, Germany, Court, Metaphor, Homosexuality, Evans, Wwii, Brown, Scalia, Godwin, RFRA


"Gov. Nathan Deal said he will veto the 'religious liberty' bill that triggered a wave of criticism from gay rights groups and business leaders..."

He said it "doesn’t reflect the character of our state or the character of its people" and: "Their efforts to purge this bill of any possibility that it would allow or encourage discrimination illustrates how difficult it is to legislate something that is best left to the broad protections of the First Amendment...."But the First Amendment doesn't give "broad protections" against neutral generally applicable laws that burden religion. The idea of exempting for those with religious beliefs from f...
Tags: Law, Georgia, Bill Clinton, Nathan Deal, RFRA, Religion And Government, Ann Althouse, Free Exercise Clause