Living The Sacred: Indigenous Peoples and Religious Freedom
The full text of this Book Review may be found by clicking on the PDF link to the left. Introduction In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under...
View ArticleState v. Arlene’s Flowers, Inc.
In a recent series of so-called “wedding-vendor cases,” same-sex couples and wedding-service providers have clashed over the proper relationship between First Amendment rights and nondiscrimination...
View ArticleEspinoza v. Montana Department of Revenue
The Religion Clauses of the Constitution have proven difficult for the Supreme Court to untangle. Critics of the Court’s fractured Religion Clauses jurisprudence have argued for decades that it is...
View ArticleOur Lady of Guadalupe School v. Morrissey-Berru
Eight years ago, the Supreme Court held in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC that religious institutions are immune from employment discrimination claims brought by...
View ArticleRethinking Protections For Indigenous Sacred Sites
Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted by the federal government in their...
View ArticleConstitutional Constraints on Free Exercise Analogies
The liberty enjoyed by the People of these States, of worshipping Almighty God agre[e]able to their Consciences, is not only among the choicest of their Blessings, but also of their Rights . . . . —...
View ArticleRamirez v. Collier
Incarcerated people depend on the state for access to their most basic needs, including the ability to practice religion. Over time, Congress has added protections for their religious exercise, first...
View ArticleThe Dormant Commerce Clause and Moral Complicity in a National Marketplace
To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences to the Nation. It is one of the happy...
View Article“A Law unto Himself”Emp. Div. v. Smith, 494 U.S. 872, 879 (1990) (quoting...
Introduction Addressing the nation in 1963, President Kennedy declared that “the right to be served in facilities which are open to the public . . . [is] an elementary right.” Over sixty years later,...
View ArticlePalmer v. Liberty University, Inc.
Ministerial status traditionally implies a degree of qualification or responsibility. In Judaism, rabbis earn their titles by receiving smicha after years of study. In Catholicism, priests have the...
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