Posts tagged with: law

Blog author: jcarter
Wednesday, November 12, 2014
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The most persecuted and victimized people in the world today are Christians in the Middle East. Middle East expert Raymond Ibrahim lays out the grim details, and wonders why this human rights tragedy of our time is largely ignored by the Western media.

no-shariaOn Tuesday, voters in Alabama passed a ballot measure that, among other things, forbids courts, arbitrators, and administrative agencies from applying or “enforcing a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Such measures (other states have passed similar laws) are often dubbed “anti-Sharia” measures since preventing the encroachment of Sharia is usually their primary objective.

Sharia is the moral code and religious law of Islam that deals with topics addressed by secular law, including crime, politics, and economics, as well as personal matters such as sexual relations, hygiene, diet, and prayer. The two primary sources of Sharia law are the Quran and the example set by the founder of Islam, Muhammad. The introduction of Sharia across the globe is a longstanding goal for Islamist movements.

Opposing Sharia law may appear to be commonsensical measure. But such laws are unnecessary since state law and the Constitution already trump foreign law. They also can’t be written to oppose only Sharia (that would be religious discrimination) so they are written in a broad way that has unintended consequences.

Indeed, there is a compelling reason why Christians should be leery of joining in supporting anti-Sharia legislation: By helping to push the idea that religious beliefs should be kept private, anti-Sharia laws are a threat to all of our religious liberties. As the Catholic legal scholar Robert K. Vischer explained last year in First Things:
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It’s interesting to debate and share idea like freedom of speech, religious liberty or entrepreneurship. Helping folks in the developing world create and sustain businesses if exciting. Watching women who’ve been victimized by human trafficking or their own culture find ways to support themselves and their families is wonderful. But none of this happens without rule of law.

Rule of law is not “sexy.” It doesn’t get the press of a brilliantly successful NGO. There are no great photo ops of folks picketing in front of the Supreme Court with signs touting rule of law. But virtually nothing can happen without it. (more…)

Hobby-Lobby-StoreWhen the Supreme Court ruled on the Hobby Lobby case, the near universal reaction by liberals was that it was a travesty of epic proportion. But as self-professed liberal law professor Brett McDonnell argues, the left should embrace the Hobby Lobby decision since it supports liberal values:

The first question was: Can for-profit corporations invoke religious liberty rights under RFRA? The court answered yes. HBO’s John Oliver nicely expressed the automatic liberal riposte, parodying the idea that corporations are people. It is very funny stuff.

It is not, however, especially thoughtful stuff. The court does not argue that corporations are just like real people. Rather, it argues that people often exercise faith collectively, in organizations. Allowing those organizations to assert religious-liberty rights protects the liberty of the persons acting within them. The obvious example is churches, usually legally organized as nonprofit corporations.

The real issue is not whether corporations of any type can ever claim protection under RFRA — sometimes they can. The issue is whether for-profit corporations can ever have enough of a religious purpose to claim that protection.

To me, as a professor of corporate law, liberal denial of this point sounds very odd. In my world, activists and liberal professors (like me) are constantly asserting that corporations can and should care about more than just shareholder profit. We sing the praises of corporate social responsibility.

Well, Hobby Lobby is a socially responsible corporation, judged by the deep religious beliefs of its owners. The court decisively rejects the notion that the sole purpose of a for-profit corporation is to make money for its shareholders. This fits perfectly with the expansive view of corporate purpose that liberal proponents of social responsibility usually advocate — except, apparently, when talking about this case.

McDonnell is right, of course. Support for religious liberty should transcend partisan political lines. And it used to be an issue that was championed by liberals. The fact that religious liberty is now despised and denigrated reveals a sudden, perhaps irrevocable shift in the nature of progressivism in America.

(Via: Rod Dreher)

FT_14.07.10_destructionReligiousPropertyWenzhou is called “China’s Jerusalem” because of the number of churches that have popped up around the city. And Sanjiang Church was, according to the New York Times, the “pride of this city’s growing Christian population.”

That was before the government brought in bulldozers and razed the church building to the ground.

The government claimed the the church violated zoning regulations, but an internal government document revealed the truth: “The priority is to remove crosses at religious activity sites on both sides of expressways, national highways and provincial highways,” the document says. “Over time and in batches, bring down the crosses from the rooftops to the facade of the buildings.”

Unfortunately, China is not the only country that is inflicting damage on religious property. A new Pew Research Center analysis finds that such incidents are occurring in almost three dozen countries around the world:
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rightstalkAre you sick to death of hearing about the recent Hobby Lobby contraceptive mandate kerfuffle? Me too. Yes, it’s one of the most important religious liberty cases in decades. But the constant debates about the case on blogs, newspapers, TV, radio, and social media, has left even those of us concerned about freedom beaten and exhausted. Besides, what is left to discuss? Is there really anything new that can be said?

Surprisingly, the answer seems to be “yes, there is.”

Earlier this week Megan McArdle wrote one of the most insightful articles I’ve read on the issue (and I’ve read enough about it to make my eyes bleed). McArdle outlines three points that frame the debate and lead us into bitter disagreements:
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Blog author: jcarter
Thursday, July 3, 2014
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PatriotPicture-1We Americans have a peculiar relationship to the term “patriot.” To question someone’s patriotism is considered an insult, while to praise their patriotism is a compliment. Yet strangely, the only people who refer to themselves, completely without irony or qualification, as patriots are old veterans, old conservatives, and certain pro athletes in New England .

Of course, people who do not fit into those three categories sometimes self-identify with that label. But when they do it’s almost always accompanied by an asterisk, denoting—whether expressed or implied—that the use of the word comes with a qualifier:

 *Sure, I love my country but I that doesn’t mean I support ________. (the President, the war, etc.)

*I am, but that doesn’t mean I think America is better than other countries.

*Of course I would never, ever serve (nor let my child enlist) in the military.

*But I’m nothing like those Bible-thumping, flag-fetishizing, NASCAR-loving, types of patriots.

However, some people are more straightforward their mixed feelings. A Japanese reporter once inquired of filmmaker Michael Moore, “You do not seem to like the U.S., do you?” Moore’s response sums up the sentiment behind the patriot’s asterisk: “I like America to some extent.”
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Earlier today, Rev. Sirico spoke with WSJ Live’s Mary Kissel about the contraceptive mandate ruling, religion’s place in the public square, and the historical context of the Supreme Court’s decision. Watch below:

t873In a 5-4 decision, the Supreme Court just announced its ruling in favor of Hobby Lobby, holding that, “as applied to closely held corporations, the government’s HHS regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act of 1993 (RFRA).” The full opinion, written by Justice Samuel Alito, can be read here.

Although there is still much to digest, and although the majority opinion still leaves quite a bit of room for related battles to continue, it’s worth noting that that whatever perceived “narrowness” we see in the decision — confining things specifically to closely held corporations — remains a significant victory, particularly given our culture’s prevailing attitudes about business.

According to HHS, by simply incorporating one’s business in the pursuit of profit — “without in any way changing the size or nature of their businesses” — a company “would forfeit all RFRA (and free-exercise) rights” (quotes from Alito’s paraphrase). The arguments supporting such a view vary, including the principal argument advanced by HHS that corporations cannot “exercise religion.”

Alito dissects this from a variety of angles, and does so rather compellingly. But one of the more noteworthy sections is his refutation of the notion that for-profit corporations aren’t protected by RFRA because they “simply seek to make a profit.” (more…)

7figuresLast week the State Department released the 2014 Trafficking in Persons Report, a congressionally mandated report that looks at the governments around the world (including the U.S.) and what they are doing to combat trafficking in persons – modern slavery – through the lens of the 3P paradigm of prevention, protection, and prosecution.

Here are seven figures you should know from the latest report:
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