Posts tagged with: Free Exercise Clause

RFRA1Last week, Indiana Governor Mike Pence (R) signed his state’s Religious Freedom Restoration Act. Social media went a bit, well, bonkers. Hillary Clinton tweeted, “Sad this new Indiana law can happen in America today. We shouldn’t discriminate against ppl bc of who they love #LGBT.” The CEO of SalesForce, headquartered in Indiana, says they will pull out. Tim Cook, the chief executive of Apple, has called religious freedom laws “dangerous” and likens them to Jim Crow laws.

What’s all of this about?

First, the federal Religious Freedom Restoration Act (RFRA) was signed by then-President Bill Clinton in 1993. This act re-instated what is known as the Sherbert Act, in which the Supreme Court:

…set out a three-prong test for courts to use in determining whether the government has violated an individual’s constitutionally-protected right to the free exercise of religion. (more…)

religious-freedomV2Challenges to religious freedom are not only becoming increasingly more common but are being based on a broader range of social, legal, and political arguments. The one unifying feature of these attacks, claims R.R. Reno, is the desire to limit the influence of religion over public life:

In the world envisioned by Obama administration lawyers, churches will have freedom as “houses of worship,” but unless they accept the secular consensus they can’t inspire their adherents to form institutions to educate and serve society in accordance with the principles of their faith. Under a legal regime influenced by the concept of public reason, religious people are free to speak—but when their voices contradict the secular consensus, they’re not allowed into our legislative chambers or courtrooms.

Thus our present clashes over religious liberty. The Constitution protects religious liberty in two ways. First, it prohibits laws establishing a religion. This prevents the dominant religion from using the political power of majority rule to privilege its own doctrines to the disadvantage of others. Second, it prohibits laws that limit the free exercise of religion. What we’re seeing today is a secular liberalism that wants to expand the prohibition of establishment to silence articulate religious voices and disenfranchise religiously motivated voters, and at the same time to narrow the scope of free exercise so that the new secular morality can reign over American society unimpeded.

Read more . . .

The Contested Public Square: The Crisis of Christianity and Politics

The Contested Public Square: The Crisis of Christianity and Politics

This book introduces the history of Christian political thought traced out in Western culture--a culture experiencing the dissolution of a long-fought-for consensus around natural law theory.