Religious Exemptions Are Becoming the Rule
Last week, Judge Reed O’Connor of the District Court for the Northern District of Texas struck down key provisions of the Affordable Care Act...
Religion
Blasphemy and the Original Meaning of the First Amendment
Vol. 135 No. 2
Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to...
Reflection on Tanzin v. Tanvir: Q&A with the Plaintiffs*
Vol. 135 No. 1
In Tanzin v. Tanvir,. the U.S. Supreme Court held that plaintiffs suing under the Religious Freedom Restoration Act of 1993 (RFRA) can seek money...
The Principle and Politics of Liberty of Conscience
Vol. 135 No. 1
Introduction “[W]hat should replace Smith?” That was Justice Barrett’s main question in Fulton v. City of Philadelphia. She expressed serious misgivings about the governing...
Tanzin v. Tanvir
Vol. 135 No. 1
When a federal officer violates somebody’s constitutional rights, what remedies are appropriate for a court to grant? In the landmark case Bivens v. Six...
Living The Sacred: Indigenous Peoples and Religious Freedom
Vol. 134 No. 6
Introduction In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding...
Reframing the Harm: Religious Exemptions and Third-Party Harm After Little Sisters
Chapter Two
Vol. 134 No. 6
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania
Vol. 134 No. 1
A century ago, legal scholar Zechariah Chafee, Jr., summed up his view of the First Amendment’s limits, writing that “[y]our right to swing your...
American Humanist Ass’n v. Maryland-National Capital Park & Planning Commission
En Banc Fourth Circuit Denies Rehearing of Holding that Cross-Shaped World War I Memorial Violates Establishment Clause.
Vol. 132 No. 4
The Etiquette of Animus
Vol. 132 No. 1
There is a difference between deciding how to talk about a problem and sorting out the principles for resolving it. In Masterpiece Cakeshop, Ltd....