Category Archives: Uncategorized

“‘Settling the Peace of the Church’: 1662 Revisited” (Keeble, ed.)

In December, Oxford University Press will release “‘Settling the Peace of the Church’: 1662 Revisited”  edited by N. H. Keeble (University of Stirling). The publisher’s description follows:

The 1662 Act of Uniformity and the consequent “ejections” on August 24 (St. Bartholomew’s Day) of those who refused to comply with its stringent conditions comprise perhaps the single most significant episode in post-Reformation English religious history. Intended, in its own words, “to settle the peace of the church” by banishing dissent and outlawing Puritan opinion it instead led to penal religious legislation and persecution, vituperative controversy, and repeated attempts to diversify the religious life of the nation until, with the Toleration Act of 1689, its aspiration was finally abandoned and the freedom of the individual conscience and the right to dissent were, within limits, legally recognised. Bartholomew Day was hence, unintentionally but momentously, the first step towards today’s pluralist and multicultural society.

This volume brings together nine original essays which on the basis of new research examine afresh the nature and occasion of the Act, its repercussions and consequences and the competing ways in which its effects were shaped in public memory. A substantial introduction sets out the historical context. The result is an interdisciplinary volume which avoids partisanship to engage with episcopalian, nonconformist, and separatist perspectives; it understands “English” history as part of “British” history, taking in the Scottish and Irish experience; it recognises the importance of European and transatlantic relations by including the Netherlands and New England in its scope; and it engages with literary history in its discussions of the memorialisation of these events in autobiography, memoirs, and historiography. This collection constitutes the most wide-ranging and sustained discussion of this episode for fifty years.

Around the Web this Week

Some interesting law and religion news stories from around the web this week:

The Obama Effect?

President_Barack_ObamaIn The American Interest this week, sociologist Peter Berger has a provocative essay on the controversy over the City of Houston’s demand for sermons several pastors have delivered on the topics of homosexuality and gender identity. Berger says the roots of the controversy lie in the Obama Administration’s disregard for religion. He makes a powerful point, but I wonder whether he overstates things.

The City of Houston’s demand came in the form of subpoenas in a lawsuit over a petition to repeal a city anti-discrimination ordinance. As I explained in an earlier post, the city’s demand was outrageous, even given the freewheeling standards of American litigation, and the city has in fact narrowed its request. Some smart observers think this “narrowing” is just a publicity stunt. In my opinion, the new subpoenas, which ask only for communications that relate to the petition and ordinance themselves, stand a better chance of surviving. We’ll see how the court rules.

But leave aside that narrow, procedural matter for now. Here’s a more important question. Why did the city issue the offensive subpoenas in the first place? America has a long tradition of respecting religion, and the idea that government would demand to know what pastors were saying in their own churches should have set off all kinds of alarms. We don’t do that sort of thing in our country.

Berger says the episode reflects America’s decreasing regard for religion and religious believers. And he lays the blame largely at the door of the Obama Administration:

This episode in the heart of the Bible Belt can be placed, first, in the national context of the Obama presidency, and then in a broad international context and its odd linkage of homosexuality and religious freedom. I’m not sure whether President Obama still has a “bully pulpit”; at this moment even close political allies of his don’t want to listen to his sermons, if they don’t flee from the congregation altogether. All the same, every presidency creates an institutional culture, which trickles down all the way to city halls in the provinces. This administration has shown itself remarkably tone-deaf regarding religion. This was sharply illuminated at the launching of Obamacare, when the administration was actually surprised to discover that Catholics (strange to say!) actually care about contraception and abortion. Eric Holder’s Department of Justice has repeatedly demonstrated that it cares less about religious freedom as against its version of civil rights. Perhaps one reason for the widespread failure to perceive this attitude toward the First Amendment is that Barack Obama is seen through the lens of race–“the first black president”. I think a better vision comes through the lens of class–“the first New Class president”–put differently, the first president, at least since Woodrow Wilson, whose view of the world has been shaped by the culture of elite academia. This is evident across the spectrum of policy issues, but notably so on issues involving gender and religion.

Now, there’s much in what Berger says. The Obama Administration has shown little enthusiasm for religious freedom. True, the Administration  intervened recently to protect a prison inmate’s right to wear a 1/4-inch beard for religious reasons. But in the two major religious freedom cases of its tenure, Hobby Lobby and Hosanna-Tabor, the Administration created obstacles for religious freedom in needlessly inflammatory ways. It insisted on the Contraception Mandate, even though it knew the mandate would gravely trouble some Christians and even though alternatives existed that could have given the Administration most of what it wanted. It accepted compromise only grudgingly and litigated the case to the bitter end. And in Hosanna-Tabor, the Administration argued that the Religion Clauses had nothing at all to do with a church’s decision to select its own minister–a position a unanimous Supreme Court rejected as “remarkable.”

Still, when it comes to a declining respect for religion in America, I’m not sure the Administration is a cause so much as an effect. Perhaps its actions reflect a broader cultural shift to secularism. Most likely, there is mutual reinforcement. A growing cultural secularism, embodied, for political purposes, in the Democratic Party, contributed to the President’s election; and the President’s election in turn has contributed to a growing secularism. This growing secularism leads many people to view religion–traditional religion, anyway–with antipathy. And that antipathy leads to things like the Houston subpoenas. It’s a vicious circle–or virtuous one, I suppose, depending on your view of things.

Also, it’s not clear things are so bad for traditional religion now, or that they were so good before. As Yuval Levin wrote recently in First Things, religious conservatives seem to have overestimated their cultural ascendancy during the Bush Administration–so did their opponents, as I recall; remember those cartoon maps of “Jesus Land”? –and may underestimate their influence today. According to a recent Pew survey, almost 50% of Americans think churches and houses of worship should express their views on political and social issues, an increase of six percent since 2010. Three-quarters of the public think religion’s influence in our national life is declining–and most of those people think it’s a bad thing. If anything, the Obama Administration seems to be contributing to a pro-religion backlash.

Well, these are complicated issues. Berger’s essay is very worthwhile. You can read the whole thing here.

Al-Jabri, “Democracy, Human Rights and Law in Islamic Thought”

This November, I.B. Tauris Publishers will release “Democracy, Human Rights and Law in Islamic Thought” by Mohammed Abed Al-Jabri (Mohammed V University, Morocco).  The publisher’s description follows:

9781780766508Mohammad Abed al-Jabri is one of the most influential political philosophers in the contemporary Middle East. A critical rationalist in the tradition of Avincenna and Averroes, he emphasizes the distinctive political and cultural heritage of the Arab world whilst rejecting the philosophical discourses that have been used to obscure its democratic deficit. This volume introduces an English-language audience for the first time to writings that have had a major impact on Arab political thought. Wide-ranging in scope yet focused in detail, these essays interrogate concepts such as democracy, law, and human rights, looking at how they have been applied in the history of the Arab world, and show that they are determined by political and social context, not by Islamic doctrine. Jabri argues that in order to develop democratic societies in which human rights are respected, the Arab world cannot simply rely on old texts and traditions. Nor can it import democratic models from the West. Instead, he says, a new tradition will have to be forged by today’s Arabs themselves, on their own terms.

Conference on Law, Religion, and Healthcare

The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is soliciting papers for its its 2015 annual conference on “Law, Religion, and Healthcare.” The conference will be held on May 8-9 in Cambridge Massachusetts:

Religion and medicine have historically gone hand in hand, but increasingly have come into conflict in the U.S. as health care has become both more secular and more heavily regulated.  Law has a dual role here, simultaneously generating conflict between religion and health care, for example through new coverage mandates or legally permissible medical interventions that violate religious norms, while also acting as a tool for religious accommodation and protection of conscience.

This conference, and anticipated edited volume, will aim to: (1) identify the various ways in which law intersects with religion and health care in the United States; (2) understand the role of law in creating or mediating conflict between religion and health care; and (3) explore potential legal solutions to allow religion and health care to simultaneously flourish in a culturally diverse nation.

Details can be found here.

CFP: Religion and American Law

Religion & American Law Discussion Group, Call for Paper Proposals

The Religion & American Law Discussion Group, under the auspices of the Center for the Study of Religious Freedom at Virginia Wesley College, is soliciting paper proposals for its first meeting, which will be held concurrently with the American Academy of Religion annual meeting in San Diego, California (November 22-25, 2014).

Two 3-paper panels will be organized to run consecutively, 5:00-7:00 p.m. on Sunday, November 23 (Omni Hotel, Gaslamp Room #2). [See AAR/SBL program, M23-302.]

Guidelines for the requested proposals are as follows:

Proposals are requested on the following topics:

1) Burwell v. Hobby Lobby Stores, Inc. (2014);

2) Town of Greece, NY, v. Galloway (2014);

3) Other topics related to current issues at the intersection of religion and American law (federal, state, or municipal).

Proposals should be no more than 500 words, should suggest scholarly analysis rather than reportage, and must include the author’s name, institutional affiliation, and return email/postal address.

Proposals are welcome from all academic disciplines, as well as from practitioners who work in fields related to the intersection of religion and American law, including those affiliated with advocacy groups (religious or secular) and municipal, state, or federal government (executive/judicial/legislative branch).

Proposals should be sent electronically to Eric Michael Mazur (emazur@vwc.edu), and must be received by September 30, 2014.

Authors of proposals selected for presentation will be notified by October 15, 2014.

Abbas, “The Taliban Revival”

Last month, Yale University Press released The Taliban Revival: Violence and 9780300178845Extremism on the Pakistan-Afghanistan Regime, by Hussein Abbas (National Defense University). The publisher’s description follows:

In autumn 2001, U.S. and NATO troops were deployed to Afghanistan to unseat the Taliban rulers, repressive Islamic fundamentalists who had lent active support to Osama bin Laden’s Al-Qaeda jihadists. The NATO forces defeated and dismantled the Taliban government, scattering its remnants across the country. But despite a more than decade-long attempt to eradicate them, the Taliban endured—regrouping and reestablishing themselves as a significant insurgent movement. Gradually they have regained control of large portions of Afghanistan even as U.S. troops are preparing to depart from the region.

In his authoritative and highly readable account, author Hassan Abbas examines how the Taliban not only survived but adapted to their situation in order to regain power and political advantage. Abbas traces the roots of religious extremism in the area and analyzes the Taliban’s support base within Pakistan’s Federally Administered Tribal Areas. In addition, he explores the roles that Western policies and military decision making— not to mention corruption and incompetence in Kabul—have played in enabling the Taliban’s resurgence.

A Pretty Narrow Decision

That’s my first read on today’s opinion in the Hobby Lobby case: narrow and pretty much as expected. Indeed, Justice Alito’s opinion for the Court says as much (“our holding is very specific”). It’s a 5-4 decision; a 5-2 decision on one important point. Still, a win’s a win, and Hobby Lobby, its lawyers, and those who filed amicus briefs in its behalf have a right to be pleased–as do all those who value religious freedom.

Some first impressions:

  • The Court does not address Hobby Lobby’s First Amendment claims; Hobby Lobby wins on RFRA grounds. No surprise there.
  • In holding that a for-profit corporation can exercise a religion for RFRA purposes, the Court takes the route that Chief Justice Roberts suggested at oral argument. It expressly limits its holding to closely-held corporations like Hobby Lobby and declines to discuss whether large, publicly traded corporations also can exercise a religion for RFRA purposes. That, as lawyers say, is a question for another day. (Self-promotion alert: this is what I predicted). The vote was 5-2 here; two dissenters, Justices Breyer and Kagan, would not have reached the issue.
  • The Court makes clear its ruling does not mean it will necessarily rule the same way in other cases where employers seek relief under RFRA, for example, where employers object to covering immunizations. Different governmental interests could be involved in those cases, the Court says.
  • The Court goes out of its way to say that its holding would not allow employers to justify racial discrimination on religious grounds. It says nothing about other sorts of discrimination, however. Surely this is intentional. As everyone knows, a major lurking issue is whether RFRA allows employers to discriminate on the basis of sexuality, especially homosexuality. The Court obviously wishes to avoid any allusions to that issue–perhaps to keep Justice Kennedy on board. The dissent does raise the issue, though.
  • The qualifications in the Court’s opinion are obviously meant to answer the dissent’s “parade of horribles.” Seems a pretty good answer to me–but the dissenters are not impressed. The Court’s logic extends to publicly traded corporations, Justice Ginsburg writes, and there is little doubt, notwithstanding the Court’s reassurances,  that RFRA claims will “proliferate” in future. In particular, the dissent raises the issue of religiously-based objections to sexuality. As I say, the Court studiously avoids that issue.
  • In its least-restrictive means analysis, the Court notes that an accommodation of the sort the government has offered to certain religious non-profits would have achieved the government’s end in this case as well, and would have imposed less on Hobby Lobby’s religious exercise. That is, an alternative to the mandate is available. Is the Court hinting at what it thinks about the Little Sisters of the Poor case? I don’t think so; the Court went out of its way to reserve that issue. But the language here is a bit opaque and may cause trouble in future.
  • Not clear what the point of Justice Kennedy’s concurrence is, except to highlight that he sees this as a close case, to say nice things about the dissent, and to expound a little more about his view that religious liberty is about protecting people’s “dignity and … striving for a self-definition shaped by their religious precepts.”

We’ll have further analysis here at CLR Forum as we digest the opinion a little more. But, bottom line: a narrow decision and a win for religious liberty.

Constructing Indian Christianities (Bauman & Young, eds.)

Today, Routledge releases Constructing Indian Christianities: Conversion, Culture, and Caste, edited by Chad M. Bauman (Butler University) and Richard Fox Young (Princeton Theological Seminary). The publisher’s description follows:

This volume offers insights into the current ‘public-square’ debates on Indian Christianity. Drawing on ethnographic fieldwork as well as rigorous analyses, it discusses the myriad histories of Christianity in India, its everyday practice and contestations and the process of its indigenisation. It addresses complex and pertinent themes such as Dalit Indian Christianity, diasporic nationalism and conversion. The work will interest scholars and researchers of religious studies, Dalit and subaltern studies, modern Indian history, and politics.

Center to Co-Host Conference on International Religious Freedom in Rome (June 20)

On June 20, the Center for Law and Religion will co-host a conference, “International Religious Freedom and the Global Clash of Values,” at the Libera Università Maria SS. Assunta in Rome. The conference will bring together American and European scholars and officials; proceedings will be in English and Italian with simultaneous translation. Panels will include “Comparative Perspectives on International Religious Freedom,” “Christian and Muslim Perspectives on International Religious Freedom,” and “The Politics of International Religious Freedom.” Participants will include Abdullahi An-Na’im, Pasquale Annicchino, Heiner Bielefeldt, Giuseppe Dalla Torre, Marc DeGirolami, Thomas Farr, Ken Hackett, Monica Lugato, Mark Movsesian, Francisca Pérez-Madrid, Olivier Roy, Nina Shea, Marco Ventura, John Witte, and Roberto Zaccaria.

For details and information about registration, please click here.