Marijuana and Religious Freedom in the United States

2013 ◽  
pp. 45-63 ◽  
Author(s):  
Mark R. Brown
Keyword(s):  
United States ◽  
Religious Freedom ◽  
The United States

scholarly journals Immunizing the Flock: How the Pandemic Court Rewrote Religious Freedom

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 12
Author(s):  
Paul Baumgardner
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal System ◽  
Religious Freedom ◽  
The United States ◽  
Religious Practices ◽  
The Past ◽  
The U.S

When coronavirus began to descend upon the United States, religious freedom advocates across the country sounded the alarm that citizens’ religious practices and institutions were under threat. Although some of the most extreme arguments championed by these advocates were not validated by our legal system, many were. This article explores the underappreciated gains made by religious freedom advocates before the U.S. Supreme Court over the past year. As a result of the “Pandemic Court”, religious freedom in the United States has been rewritten. This promises to radically change the educational, employment, and health prospects of millions of Americans for the rest of the pandemic and long afterwards.

Secularism and US Religion Jurisprudence

2017 ◽  
Author(s):  
Caroline Corbin
Keyword(s):  
United States ◽  
Religious Freedom ◽  
Church And State ◽  
The United States ◽  
The State ◽  
Religious Liberty ◽  
Establishment Clause ◽  
Free Exercise ◽  
Free Exercise Clause ◽  
Constitutional Jurisprudence

Religious surveys are finding greater percentages of Americans who self-identify as secular. At the same time, religious exemptions under the Free Exercise Clause have become more difficult to obtain. However, religion jurisprudence in the United States has not become more secular for two reasons. First, this greater unwillingness to grant constitutional exemptions reflects a shift in constitutional jurisprudence from “separationism” to “neutrality.” Rather than building a wall between church and state, the Establishment Clause is now interpreted to impose fewer restraints on state-sponsored religion. Second, statutes like the federal Religious Freedom Restoration Act and its state counterparts have not only reestablished separationist era levels of protection for religious liberty but increased them. The result is a religion jurisprudence where religion is accommodated more than ever, while the state has more leeway to advance religion. This combination has unfortunate consequences for both secular people and core secular values, such as antidiscrimination.

Religion as Spirituality

2020 ◽  
pp. 94-126
Author(s):  
Michael D. McNally
Keyword(s):  
United States ◽  
Native American ◽  
Religious Beliefs ◽  
Religious Freedom ◽  
The United States ◽  
Sacred Places ◽  
Beliefs And Practices ◽  
Sacred Lands ◽  
American Spirituality ◽  
Religious Claim

This chapter examines the failure in the courts of Native appeals to religious freedom protections for sacred lands, and it extends the previous chapter's analysis of the reception of Native claims to religion as religion. Where a religious claim conforms to the subjective, interior spirituality that has become naturalized in the United States, it has worked reasonably well in the courts. This is emphatically not the case where claims involve religious relationships with, uses of, and obligations to, land. The chapter explains how courts reason their way out of taking steps to protect Native American religious freedom when sacred places are threatened, a puzzling matter in that courts consistently acknowledge the sincerity of the religious beliefs and practices associated with those sacred places. Along the way the chapter develops a fuller sense of the workings of the discourse of Native American spirituality as it comes to control judicial comprehension of Native religious freedom claims.

United States: Exceptional Freedoms, Fabricated Fears

Hate Spin ◽  
2016 ◽  
Author(s):  
Cherian George
Keyword(s):  
United States ◽  
Free Speech ◽  
Religious Freedom ◽  
Hate Speech ◽  
The United States ◽  
Legal Framework ◽  
Constitutional Protections ◽  
High Degree

The United States has exceptionally strong Constitutional protections for free speech, but also for religious freedom. This chapter considers how this unique legal framework affects hate spin in the country. It finds that although hate speech can be expressed with a high degree of impunity, strong anti-discrimination laws limit the harms caused by such speech. Hate spin can, nonetheless, succeed in fostering fear and cultivating prejudice against minorities. The chapter examines how a network of anti-Muslim activists have used hate spin to campaign against mosque building, to oppose multi-cultural textbooks, and to introduce legislation protecting states from the fabricated threat of encroaching Muslim law. Beyond their stated goals, which may be frustrated by courts, these campaigns often have the symbolic purpose of spreading Islamophobia.

Mexican Immigrant Understandings of Empire, Race, and Gender

2018 ◽  
Author(s):  
John H. Flores
Keyword(s):  
United States ◽  
Religious Freedom ◽  
Puerto Ricans ◽  
Gender Norms ◽  
The United States ◽  
Mexican Immigrant ◽  
Race And Gender ◽  
Mexican Culture ◽  
And Gender

This chapter compares liberal and traditionalist understandings of empire, race, and gender to explain why liberals often declined U.S. citizenship and why traditionalists became more amenable to U.S. naturalization. Mexican liberals defined themselves as anti-imperialist mestizos and, in Chicago, they joined with Puerto Ricans and Nicaraguans to protest U.S. imperialism. Most liberals rebuffed U.S. naturalization, in part, because they were put off by U.S. imperialism, racism, and gender norms. By contrast, traditionalists celebrated the United States for granting them religious freedom, and challenged the liberals by exalting all that was Catholic and thus Spanish and white in Mexican culture. In so doing, traditionalists became more open to a U.S. understanding of whiteness and citizenship, and many traditionalists decided they could create new lives for themselves in the United States.

Religious Freedom and the Churches: Contemporary Challenges in the United States Today1

2019 ◽  
Vol 33 (2) ◽  
pp. 194-204
Author(s):  
Richard W. Garnett
Keyword(s):  
United States ◽  
Sexual Abuse ◽  
Civil Society ◽  
Constitutional Law ◽  
Religious Freedom ◽  
The United States ◽  
Religious Institutions ◽  
General Decline ◽  
The Supreme Court ◽  
Constitutional Right

A crucial, but often overlooked, dimension of the human and constitutional right to religious freedom is the autonomy of religious institutions, associations and societies with respect to matters of governance, doctrine, formation and membership. Although the Supreme Court of the United States has affirmed this autonomy in the context of American constitutional law, it is vulnerable, and even under threat, for a variety of reasons, including a general decline in the health of civil society and mediating associations and a crisis of confidence and authority caused by clerical sexual abuse and churches’ failure to respond to it.

scholarly journals International Religious Freedom Promotion and US Foreign Policy

Religions ◽  
2020 ◽  
Vol 11 (5) ◽  
pp. 260 ◽  
Author(s):  
Lee Marsden
Keyword(s):  
United States ◽  
Religious Freedom ◽  
State Level ◽  
The United States ◽  
Human Right ◽  
National Interests ◽  
Politics And Religion ◽  
The Us ◽  
The World ◽  
Political Background

The freedom to practice one’s religious belief is a fundamental human right and yet, for millions of people around the world, this right is denied. Yearly reports produced by the US State Department, United States Commission on International Religious Freedom, Open Doors International, Aid to the Church in Need and Release International reveal a disturbing picture of increased religious persecution across much of the world conducted at individual, community and state level conducted by secular, religious, terrorist and state actors. While religious actors both contribute to persecution of those of other faiths and beliefs and are involved in peace and reconciliation initiatives, the acceptance of the freedom to practice one’s faith, to disseminate that faith and to change one’s faith and belief is fundamental to considerations of the intersection of peace, politics and religion. In this article, I examine the political background of the United States’ promotion of international religious freedom, and current progress on advancing this under the Trump administration. International Religious Freedom (IRF) is contentious, and seen by many as the advancement of US national interests by other means. This article argues that through an examination of the accomplishments and various critiques of the IRF programme it is possible, and desirable, to discover what works, and where further progress needs to be made, in order to enable people around the world to enjoy freedom of thought, conscience and religion.

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