When Shrugging is Not an Option
- May/June 2025
- April 30, 2025
As so often with these cases, it could appear like much ado about nothing, or about only a little.Arocha v. Needville Independent School District was no exception. On the surface, prima facie, it was simply a case of dress code compliance for a 5-year-old in a public school kindergarten. Hardly epochal stuff, yet the principle
READ MOREDespite the First Amendment’s ban on government establishments of religion, opening government meetings with prayer is a longstanding tradition in many American communities. Indeed, in Marsh v. Chambers (1983) the U.S. Supreme Court upheld chaplain-led prayers before the Nebraska state legislature after a Nebraska lawmaker challenged the prayers as an unconstitutional advancement of religion. The
READ MOREOn the desk beside me is a booklet titled The Constitution of the United States, with an impressive picture of George Washington on its cover. In the forefront of the booklet are a number of quotations by Washington, an introduction to the booklet, and in the rear an index, a page with dates to remember
READ MOREIn the hostile atmosphere of Israel/Palestine, liberty and tolerance are losers all around, and religion is part of the unpleasant mix. Let us begin with the Palestinian scene. We have, in effect, two Palestines: Gaza and the West Bank; and the ruling faction of each wants to represent both. To understand more of their mutual
READ MOREhe history of how the nation’s Founders empowered American religious freedom has been well documented over centuries of legal arguments, court proceedings, public discussions, and historical analyses. Lectures on the importance of Jefferson’s letter to the Danbury Baptists, or the significance of the First Amendment’s establishment and free exercise clauses are commonplace enough today, while
READ MORESome decisions turn out to be epic. They may seem relatively small and inconsequential in the scheme of things at the time, but, later, when they are weighed on the scales of time and consequence, they turn out to be important benchmarks. We rarely foresee these decisions; they don’t often stand out in any way;
READ MOREIn Wallace v. Jaffree (1985) the late Chief Justice William Rehnquist wrote that the “wall of separation between Church and state ” was a “metaphor based on bad history, a metaphor” that “should be frankly and explicitly abandoned.” The history Rehnquist was referring to is of the formulation of the metaphor by Thomas Jefferson and
READ MOREI sat down across a table from the Shi’a Muslim imam as he offered me soda before starting the interview. Realizing my tendency to stereotype, I saw that he was not at all the person I had pictured while on the phone with him just days earlier. His face was clean-shaven, and he wore a
READ MOREThe secessionist Parti Québécois (PQ), leading a minority government, is attempting to bring in a secular (laïque) program similar to that in France, barring the wearing of “ostentatious” religious symbols by government employees, employees of government-funded organizations, such as hospitals and day-care centers, and persons seeking government services. Because the three opposition parties all disapprove
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