Posted on by Mark Movsesian

Announcing the Mattone Center for Law and Religion

We have exciting news to share! In recognition of a transformative gift to endow the Center’s activities, the St. John’s Center for Law and Religion has been renamed in honor of alumni Denise Melillo Mattone and Michael X. Mattone. The multimillion-dollar gift will allow the Center to offer new educational programs and expand its impact as a hub for exploring issues of law and religion in the United States and around the world. 

The newly named Denise ‘90 and Michael ‘91 Mattone Center for Law and Religion will offer educational opportunities, including innovative coursework, a visiting scholars program, and academic workshops and conferences at St. John’s campuses in New York, Paris, and Rome. It will also host programs for St. John’s alumni and the wider public, including podcasts, videos, and live events on pressing church-state issues. 

You can read more about the Mattones in the official announcement, here.

We are tremendously grateful to Denise and Michael for their confidence in us and are honored that the Center now bears their names. Stay tuned for further announcement about upcoming events in the new year!

Posted on by Mark Movsesian

How Islam Rules in Iran

People in the West often assume that government in Islam is a theocracy, but that isn’t quite true. If we define theocracy in traditional terms, as rule by clerics, classical Islam wouldn’t qualify–and very few contemporary Muslim-majority states would meet the definition, either. But the Islamic Republic of Iran is a theocracy–the Supreme Leader is a Shia cleric. A new book from Cambridge University Press, How Islam Rules in Iran: Theology and Theocracy, discusses the place of Islam in present-day Iran. The author is government scholar Mehran Kamrava (Georgetown University in Qatar). Here’s the description from the Cambridge website:

This study provides a comprehensive examination of the evolution of Islam as a ruling framework in postrevolutionary Iran up to the present day. Beginning with the position and structure of Iran’s clerical establishment under the Islamic Republic, Kamrava delves into the jurisprudential debates that have shaped the country’s political institutions and state policies. Kamrava draws on extensive fieldwork to examine various religious narratives that inform the basis of contemporary Iranian politics, also revealing the political salience of common practices and beliefs, such as religious guardianship and guidance, Islam as a source of social protection, the relationship between Islam and democracy, the sources of divine and popular legitimacy, and the theoretical justifications for religious authoritarianism. Providing access to many Persian-language sources for the first time, Kamrava shows how religious intellectual production in Iran has impacted the ongoing transformation of Iranian Shi’ism and ultimately underwritten the fate of the Islamic Republic.

Posted on by Mark Movsesian

Call for Papers: Australian Journal of Law & Religion

Our friends at the Australian Journal of Law and Religion have announced a call for papers for their 2024 General Issue, which will include a symposium on the rise of the Nones. Details in the link below:

Call-for-Papers-for-Australian-Journal-of-Law-and-Religion-2024-General-IssueDownload
Posted on by Mark Movsesian

Mattone Center’s Year-End Report

It’s been another productive academic year at the Mattone Center. The most important news, of course, is the transformational, multimillion dollar gift from Denise and Michael Mattone, for whom the Center is now named. We have also been busy with podcasts, blog posts, public events, faculty appearances, and writing. To read all about it, please check out our annual year-end report, below. Thanks!

MCLR Year In Review NewsletterDownload
Posted on by Mark Movsesian

On Tradition and Jack Balkin

At Law & Liberty today, I review Yale Law Professor Jack Balkin’s new book on tradition in constitutional law, Memory and Authority. Balkin makes some good points. He correctly describes how lawyers and judges use tradition in practice, and is right that the appeal of tradition–which is often multifarious and contested–depends on whether listeners feel connected to the past in the first place. But, I argue, Balkin’s definition of tradition is so elastic that it sometimes seems he isn’t talking about tradition at all:

For example, he praises Obergefell v. Hodges, which held that the Constitution confers a right to same-sex marriage, for its correct use of tradition. True, there is no “history of specific legal guarantees for same-sex marriage in American law.” But he argues that American tradition should be understood in a broader, more sensitive way, as a commitment to animating principles. The Obergefell Court correctly saw that the reasons why Americans historically have supported marriage generally obtained in the new context of same-sex marriage as well, and applied those reasons to reach a satisfactory present-day result. One can “alter or even reject existing practices,” he writes, “while being faithful to the country’s traditions of liberty.”

Now, one can praise or criticize the Court’s reasoning in Obergefell. But to paraphrase something Grant Gilmore said about Oliver Wendell Holmes in a different context, the magician who can traditionalize Obergefell can, the need arising, traditionalize anything. Tradition refers to concrete practices and accommodations that endure across time in a community, not abstractions like “liberty” or “equality” or “dignity” or “justice.” And one cannot plausibly claim that same-sex marriage is an American tradition in that sense. One must choose which traditions to follow and which to discard; that is the essence of modernity. But one cannot decide a case according to an abstract, indeterminate principle and call oneself a traditionalist. One may as well say that one is doing something new—that one is deciding a case based on one’s normative commitments and leave it at that.

You can read the review here.

Posted on by Mark Movsesian

On Tocqueville and “Double Secularization”

Regular readers of the Forum know of our interest in Tocqueville, the French visitor whose nineteenth-century observations about religion the United States in the nineteenth century remain relevant today. So we were very interested to see a forthcoming collection of essays to be released by Routledge this summer, and edited by two friends of the Center, Dutch scholars Sophie van Bijsterveld (Radboud University) and Hans-Martien ten Napel (Leiden University): Culture, Secularization and Democracy: Lessons from Alexis de Tocqueville. The book explores the “double secularization” that the West has experienced since Tocqueville–the decline in organized Christianity and the abandonment of classical political philosophy–and the effect ithas had on our democracy. Looks very interesting indeed. Here’s the publisher’s description:

Following the approach developed by Alexis de Tocqueville, this volume views democracy as a cultural phenomenon. It starts from the assumption that if we are to adequately address concerns about the current state and future of modern Western democracies, we need first to tackle the cultural preconditions necessary for the functioning of a democracy.

Since Tocqueville’s time, the book takes the most crucial change in the West to be ‘double secularization’. Here, this concerns, first, the diminished influence of organized Christianity. Even though secularity was partly a product of Christianity, secularization is highly significant in terms of the cultural underpinnings of Western democracy. Second, it involves a decreased interest in and knowledge of classical philosophy. Chapters on secularity, family life, civic life, and public spirit focus on central elements of the changed cultural foundation of democracy exploring issues such as identity politics, the public space, and the role of human rights and natural law in a pluralistic and resilient democracy. The volume concludes with a closer look at the implications of current presentism, that is, the view that only the present counts for the legitimacy and effectiveness of democratic systems. Finally, it asks if double secularization can also offer fresh opportunities for promoting the conditions of a viable democracy.

The book will be of interest to academics and researchers working in the areas of Law and Religion, Constitutional Law, Political Science, History and Philosophy.

Posted on by L&R Forum

Around the Web

Here are some important law-and-religion news stories from around the web:

  • In Babiy v. Oregon Health and Science University, the District of Oregon dismissed claims for damages brought by a patient access specialist against a medical school and other individuals after she was denied a religious exemption from the school’s Covid vaccine mandate. University policy was to deny religious exemptions where their claim was based solely on fetal cell concerns, and the court dismissed the plaintiff’s claim against the individual defendants on the basis of qualified immunity.
  • Alliance Defending Freedom filed an amicus brief in Garrick v. Moody Bible Institute asking the 7th Circuit to support the freedom of religious institutions to make employment decisions in accordance with their beliefs. In the case, a professor’s contract was not renewed at Moody since she admittedly did not share Moody’s beliefs.
  • The Department of Education issued final rules under Title IX on sex discrimination in schools protecting against LGBTQ+ discrimination. However, in its release, the DOE said that the relevant sections of the rules “do not apply to an educational institution that is controlled by a religious organization to the extent that the provisions’ application would not be consistent with the religious tenets of such organization.”
  • President Biden issued a Statement on Passover in which he reiterated his commitment to the safety of Jewish people, the security of Israel and its right to exist independently. In addition, he promised to continue working toward a two-state solution to provide peace for Israelis and Palestinians.
  • In Florida, Governor Ron DeSantis signed a bill that allows public school districts the option of hiring volunteer chaplains to counsel students. The program is entirely voluntary and takes effect on July 1.
  • Spain approved a plan providing for economic compensation and other reparations for victims of sex abuse committed by people within the Catholic Church. The plan, in addition to providing economic compensation, includes free legal assistance for all victims and it will reinforce the prevention supervision in schools.
Posted on by Mark Movsesian

A Video of This Month’s Panel on Kennedy v. Bremerton School District

For those who are interested, here’s a writeup of this month’s panel discussion on SCOTUS’s recent school-prayer case, Kennedy v. Bremerton School District, with panelists Stephanie Barclay (Notre Dame), Marc DiGirolami (CUA), and Mattone Center Director Mark Movsesian. Among the topics discussed: the end of the endorsement test, the meaning of the Court’s new history-and-tradition test, and the lingering problem of coercion. A video of the panel is below. Listen in!

Posted on by L&R Forum

Around the Web

Here are some important law-and-religion news stories from around the web:

  • In Lozano v. Collier, the 5th Circuit reversed a lower court’s decision on several claims by a Muslim inmate. The inmate argued that his religious practices were burdened by the denial of private facilities for prayer and insufficient access to religious programming. Additionally, he challenged the neutrality of faith-based dormitories and the absence of a Muslim-designated unit.
  • In Diocese of Albany v. Harris, the New York Court of Appeals is rehearing a case regarding the New York Department of Financial Services’ mandate that employers cover abortion in their employee health insurance plans. The main issue is whether New York’s narrowing of the exemption to protect only religious groups that primarily teach religion and primarily serve and hire those who share their faith is valid as a religious exemption.
  • In Ex parte The Alabama-West Florida Conference of the United Methodist Church, Inc., the Alabama Supreme Court decided that a property ownership dispute between a local Methodist church and its parent church bodies is a civil matter, not ecclesiastical. This decision allows the civil court to resolve the issue using neutral legal principles, as the local church’s property deed does not include a trust clause for the parent bodies.
  • In Matter of Ferrelli v State of New York, a New York State appellate court upheld the denial of a religious exemption from the Covid vaccine mandate for court system employees. The court ruled that the mandate was a neutral law of general applicability, subject only to rational basis review.
    In The King (On the application of TTT) v. Michaela Community Schools Trust, a British court upheld a secular school’s policy preventing a Muslim student from using lunchtime for prayer, citing school unity considerations The court noted that the student was aware of the school’s secular nature upon enrollment and found that missed prayers could be made up later. The policy was deemed proportionate, balancing the school’s aims against the rights of Muslim students.
  • A new paper by economist Devin G. Pope analyzes religious worship attendance using geodata from smartphones for over 2 million Americans and finds that 73% of people step into a religious place of worship at least once during the year on the primary day of worship. However, only 5% of Americans attend services “weekly”, which is far fewer than the ~22% who report to do so in surveys.
Posted on by Mark Movsesian

Denmark Vesey’s Bible

In my law-and-religion seminar, we spend about a week on religion in public culture, focusing specifically on the United States. Historically, and even today, religious appeals have played a major role in American public conflicts, on all sides. A new book from Princeton University Press, Denmark Vesey’s Bible: The Thwarted Revolt That Put Slavery and Scripture on Trial, discusses the role of biblical allusions in one important episode, a slave rebellion that shook the antebellum South. The author is Jeremy Schipper, a professor in the Departments for the Study of Religion and Near and Middle Eastern Civilizations at the University of Toronto. Here is the publisher’s description:

On July 2, 1822, Denmark Vesey, a formerly enslaved man, was hanged in Charleston, South Carolina. He was convicted of plotting what might have been the largest insurrection against slaveholders in US history. Witnesses claimed that Vesey appealed to numerous biblical texts to promote and justify the revolt. While sentencing Vesey to death, Lionel Henry Kennedy, a magistrate at the trial, accused Vesey not only of treason but also of “attempting to pervert the sacred words of God into a sanction for crimes of the blackest hue.” Denmark Vesey’s Bible tells the story of this momentous trial, examining the role of scriptural interpretation in the deadly struggle against American white supremacy and its brutal enforcement.

Jeremy Schipper brings the trial and its aftermath vividly to life, drawing on court documents, personal letters, sermons, speeches, and editorials. He shows how Vesey compared people of African descent with enslaved Israelites in the Bible, while his accusers portrayed plantation owners as benevolent biblical patriarchs responsible for providing religious instruction to the enslaved. What emerges is an explosive portrait of an antebellum city in the grips of racial terror, violence, and contending visions of biblical truth.

Shedding light on the uses of scripture in America’s troubled racial history, Denmark Vesey’s Bible draws vital lessons from a terrible moment in the nation’s past, enabling us to confront racism and religious discord today with renewed urgency and understanding.

Posted on by L&R Forum

Legal Spirits 059: Daniel McCarthy on “the Other Nones”

Daniel McCarthy

In this episode, Center Director Mark Movsesian interviews journalist Daniel McCarthy on his recent essay in Modern Age, “The Other Nones.” Dan argues that the decline of traditional Christianity in the West hasn’t led to the age of rationalism and progress that many secularists predicted, but instead to an age of entropy, in which people have lost faith in unifying narratives of all kinds, political and ideological as well as religious. Can we restore some idea of the common good? Listen in!

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