Articles tagged as Religious Freedom
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Puzzle of 303 Creative –Hadley Arkes in First Things
In a piece for First Things, JWI Founder & Director Hadley Arkes analyzes how the issues of speech and religion have proven a challenge to the Court for years. should be clear that neither “coerced speech” nor “religious belief” can supply the ground of the judgment. At oral argument, he thought that Justices Kavanaugh and […] -
“Religious Liberty and the American Founding” – Anchoring Truths Podcast with Professor Phillip Muñoz
In this episode of the Anchoring Truths Podcast, Garrett Snedeker joins Notre Dame Professor Phillip Muñoz to discuss his new book on religious liberty. They discuss the Founders’ natural rights understanding of the freedom to worship, their disagreements about the separation of church and state, and the future of religious freedom in our law. You […] -
“Breaking the Sotomayor Mold” — Kody W. Cooper
Kody Cooper argues that a new justice in the mold of Sotomayor would fail to pass the “test of truth” when it comes to abortion, religious liberty, and takings. Some excerpts: “In the wake of Justice Breyer’s retirement announcement, Democrats are divided over whether President Biden should appoint a more conciliatory ‘bridge-builder’ who will look for opportunities […] -
“And All the Students Said, ‘Amen’” — Keisha Russell
Keisha Toni Russell, Counsel at First Liberty Institute, argues that young Americans learn to respect religious liberty–and individual rights more generally–when religion flourishes in public. Some excerpts: “In the early 1960s, the Supreme Court reviewed two cases involving voluntary school prayer and Bible reading. The cases, Engel v. Vitale (1962) and Abington Township School District v. Schempp (1963), contained […] -
“No Free Exercise for Aztecs—or Abortionists” — Jordan Ballor
Jordan Ballor argues that the right to religious liberty is not absolute, and that courts should refuse religious exemptions to those who violate natural law by practicing abortion in the name of religion. Some excerpts: “It is a perennial challenge to identify the proper limits to religious liberty in America and rightly apply these limits. […] -
“Is it Time to Rethink the School Prayer Cases?” — Francis Beckwith
Prof. Francis Beckwith argues that the Supreme Court should overturn Engel and Schempp, which put religious people at a decided disadvantage, rather than establishing religious equality. Returning to the original understanding of the First Amendment would enable local governments to seek the common good. Some excerpts: “There was a time, not too long ago, when […] -
“Jefferson Thought Religious Freedom is a Natural Right”: David Collins in the Wall Street Journal
In a brief response to a Wall Street Journal opinion piece, friend of JWI David Collins notes that Thomas Jefferson did not understand the Bill of Rights as granting religious liberty. Rather, Jefferson held that the right to religious freedom was a natural one that pre-existed government. Therefore the state exists to protect free exercise […] -
“The Supreme Court’s Mistaken and Misguided Sex Discrimination Ruling”: Ryan Anderson in Public Discourse
James Wilson Fellowship faculty member Ryan Anderson has offered extensive commentary on Harris Funeral Homes v. EEOC and authored an amicus brief for the case. Following the Supreme Court’s decision on June 15, Dr. Anderson responded in Public Discourse, warning that Justice Gorsuch’s decision either spells the end for sex-specific programs and facilities or ensures […] -
AUDIO “Recasting Religious Freedom: Is Conservative Jurisprudence Backing into Relativism?” – Hadley Arkes at Faith and Law
In a speech delivered at the U.S. Senate before an audience gathered by Faith & Law, Prof. Hadley Arkes, JWI Founder and Director, demonstrates how the Supreme Court has caused a deep coarsening in the culture of our nation. Prof. Arkes analyzes a series of cases on religious freedom and free speech that display how […] -
“How Old Does a Monument Need to Be?” — Prof. Mark David Hall in Law & Liberty
In a recent piece for Law & Liberty, JWI Affiliated Scholar Mark David Hall of George Fox University critiques using the age of religious memorials on public property as the determining factor for their constitutionality. The primary problem with this argument, he writes, is the lack of an agreed-upon age at which monuments become recognized […]