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{"title":"Queer and Religious Alliances in Family Law, Politics, and Beyond. Edited by Nausica Palazzo and Jeffrey A. Redding. Pp. 230. $125.00 (cloth); $40.00 (digital). London: Anthem Press. ISBN: 9781839983078.","authors":"Alexa J. Windsor","doi":"10.1017/jlr.2023.11","DOIUrl":"https://doi.org/10.1017/jlr.2023.11","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136338253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Changing Terrain of Religious Freedom. Edited by Heather J. Sharkey and Jeffrey Edward Green. Philadelphia: University of Pennsylvania Press, 2021. Pp. 288. $55.00 (cloth); $55.00 (paper); $55.00 (digital). ISBN: 9780812253375.","authors":"Blair A. Major","doi":"10.1017/jlr.2023.17","DOIUrl":"https://doi.org/10.1017/jlr.2023.17","url":null,"abstract":"","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"92 1","pages":"331 - 334"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75015778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Civil Religion Today: Religion and the American Nation in the Twenty-First Century.Edited by Rhys H. Williams, Raymond HaberskiJr. , and Philip Goff. New York: NYU Press, 2021. Pp. 240. $28.50 (digital). ISBN: 9781479809851. - Volume 38 Issue 2
今日民间宗教：由 Rhys H. Williams、Raymond Haberski Jr.和 Philip Goff 编辑。纽约：纽约大学出版社，2021 年。第 240 页。28.50 美元（电子版）。ISBN: 9781479809851.- 第 38 卷第 2 期
{"title":"Civil Religion Today: Religion and the American Nation in the Twenty-First Century.Edited by Rhys H. Williams, Raymond HaberskiJr. , and Philip Goff. New York: NYU Press, 2021. Pp. 240. $89.00 (cloth); $30.00 (paper); $28.50 (digital). ISBN: 9781479809851.","authors":"Andre P. Audette","doi":"10.1017/jlr.2023.16","DOIUrl":"https://doi.org/10.1017/jlr.2023.16","url":null,"abstract":"Civil Religion Today: Religion and the American Nation in the Twenty-First Century.Edited by Rhys H. Williams, Raymond HaberskiJr. , and Philip Goff. New York: NYU Press, 2021. Pp. 240. $28.50 (digital). ISBN: 9781479809851. - Volume 38 Issue 2","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135516767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Immortal Commonwealth: Covenant, Community, and Political Resistance in Early Reformed Thought. By David P. Henreckson. Cambridge: Cambridge University Press, 2019. Pp. 208. $110.00 (cloth); $90.11 (digital). ISBN: 9781108470216.","authors":"Matthew J. van Maastricht","doi":"10.1017/jlr.2023.7","DOIUrl":"https://doi.org/10.1017/jlr.2023.7","url":null,"abstract":"","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"24 1","pages":"339 - 341"},"PeriodicalIF":0.0,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81640167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In this essay, a response to an article by Patrick Parkinson, Shannon Gilreath disputes Parkinson’s claim that religiously motivated discrimination against transgender people should be the subject of special exceptions to prevailing antidiscrimination law, especially where the transgender person does not seek to conform to the traditional male/female gender binary. Gilreath maps the ways in which Parkinson’s proposal is an argument for biological superiority, which has been the rationalization for systematic and systemic social inferiority throughout history, including most notably in the contexts of race, gender, and sexuality oppression. In concluding that Parkinson’s proposal is little more than a restatement of the faulty differences-based approach to equality through law, Gilreath ultimately concludes that its principles are wholly inconsistent with the legitimate purposes of antidiscrimination law.
{"title":"Gender Inequality and Biological Supremacy: A Sex Equality Analysis of Patrick Parkinson’s “Neutral” Proposal","authors":"Shannon Gilreath","doi":"10.1017/jlr.2022.60","DOIUrl":"https://doi.org/10.1017/jlr.2022.60","url":null,"abstract":"Abstract In this essay, a response to an article by Patrick Parkinson, Shannon Gilreath disputes Parkinson’s claim that religiously motivated discrimination against transgender people should be the subject of special exceptions to prevailing antidiscrimination law, especially where the transgender person does not seek to conform to the traditional male/female gender binary. Gilreath maps the ways in which Parkinson’s proposal is an argument for biological superiority, which has been the rationalization for systematic and systemic social inferiority throughout history, including most notably in the contexts of race, gender, and sexuality oppression. In concluding that Parkinson’s proposal is little more than a restatement of the faulty differences-based approach to equality through law, Gilreath ultimately concludes that its principles are wholly inconsistent with the legitimate purposes of antidiscrimination law.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"42 1","pages":"46 - 54"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88909326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract With the rise of originalism as an interpretive strategy, history has come to play an increasingly prominent role in the reasoning and methodology of the United States Supreme Court. That development has, by necessity, also shaped the approach to constitutional interpretation taken by other parties, including the large and growing number of groups who file amicus curiae briefs. When the amici in question are religious entities, this article suggests, this “historical turn” at times takes the shape of narrating aspects of a tradition’s sacred history for the benefit of both the Court and other, lay audiences. This article examines three recent amicus briefs by one of the most consistent and prolific religious amici, the United States Conference of Catholic Bishops. Across these briefs, this author traces the construction and deployment of history—both Catholic and American—as a middle term for negotiating the relationship between the US Constitution and its interpretation, on the one hand, and the interests and priorities of the religious tradition, on the other.
随着原旨主义作为一种解释策略的兴起，历史在美国最高法院的推理和方法论中发挥着越来越突出的作用。这一发展必然也影响了其他各方对宪法解释的态度，包括越来越多的提交法庭之友简报的团体。这篇文章认为，当讨论中的“朋友”是宗教实体时，这种“历史转向”有时会以叙述传统神圣历史的各个方面的形式出现，以造福法院和其他非专业观众。这篇文章检视了最近的三份“法庭之友”简报，这些简报是由美国天主教主教会议(United States Conference of Catholic Bishops)——一个最一贯、最多产的宗教之友撰写的。在这些摘要中，作者追溯了历史的构建和部署——天主教和美国——作为谈判美国宪法及其解释与宗教传统的利益和优先事项之间关系的中间术语。
{"title":"Bishops and Friends: History and Legal Interpretation in Recent Amicus Curiae Briefs before the Supreme Court","authors":"M. Doerfler","doi":"10.1017/jlr.2022.47","DOIUrl":"https://doi.org/10.1017/jlr.2022.47","url":null,"abstract":"Abstract With the rise of originalism as an interpretive strategy, history has come to play an increasingly prominent role in the reasoning and methodology of the United States Supreme Court. That development has, by necessity, also shaped the approach to constitutional interpretation taken by other parties, including the large and growing number of groups who file amicus curiae briefs. When the amici in question are religious entities, this article suggests, this “historical turn” at times takes the shape of narrating aspects of a tradition’s sacred history for the benefit of both the Court and other, lay audiences. This article examines three recent amicus briefs by one of the most consistent and prolific religious amici, the United States Conference of Catholic Bishops. Across these briefs, this author traces the construction and deployment of history—both Catholic and American—as a middle term for negotiating the relationship between the US Constitution and its interpretation, on the one hand, and the interests and priorities of the religious tradition, on the other.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"8 9 1","pages":"55 - 80"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83807427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This essay offers an analysis John Witte, Jr.’s contribution to the study of the relationship between Christianity and law as an autonomous branch within the broad field of law and religion. The author discusses Witte as a Christian jurist educated in Reformed Protestantism and influenced by Abraham Kuyper and Harold J. Berman, among others, and describes and evaluates the interdisciplinary, interdenominational, and international project on Christianity and law headed by Witte, to which more than five hundred scholars (jurists, theologians, philosophers, historians, and sociologists) are contributing. Witte analyzes the interaction between Christianity and law from a relational, biographical, and jurisprudential perspective, and underlying his project is the idea that the relationship between Christianity and law is not merely accidental, but has a metahistorical significance and an enduring value for the development of humanity. Although the project has already borne much fruit, there is room for further maturity and methodological purity as it is still in its early stages.
{"title":"The Spirit of Christianity and Law","authors":"R. Domingo","doi":"10.1017/jlr.2022.51","DOIUrl":"https://doi.org/10.1017/jlr.2022.51","url":null,"abstract":"Abstract This essay offers an analysis John Witte, Jr.’s contribution to the study of the relationship between Christianity and law as an autonomous branch within the broad field of law and religion. The author discusses Witte as a Christian jurist educated in Reformed Protestantism and influenced by Abraham Kuyper and Harold J. Berman, among others, and describes and evaluates the interdisciplinary, interdenominational, and international project on Christianity and law headed by Witte, to which more than five hundred scholars (jurists, theologians, philosophers, historians, and sociologists) are contributing. Witte analyzes the interaction between Christianity and law from a relational, biographical, and jurisprudential perspective, and underlying his project is the idea that the relationship between Christianity and law is not merely accidental, but has a metahistorical significance and an enduring value for the development of humanity. Although the project has already borne much fruit, there is room for further maturity and methodological purity as it is still in its early stages.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"33 1","pages":"158 - 167"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85528136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the by-now familiar framing “religious freedom versus LGBTþ rights,” perhaps the most visible conflicts today in the United States, and elsewhere, concern the “T”—transgender or gender identity rights. This issue of the Journal of Law and Religion includes a conversation in print between Patrick Parkinson, Laura Portuondo and Claudia Haupt, and Shannon Gilreath on this timely topic, and their contrasting perspectives mirror dimensions of the larger public controversies. Although tweets like those quoted above (by unsuccessful Republican congressional candidate Lavern Spicer) asserting that neither the Bible nor Jesus had pronouns sparked both factual corrections and comical retorts,3 the underlying issues about religious stances on transgender rights are serious. Midway through 2022, state legislatures in the United States had already considered or passed a “record” number of bills seeking to restrict LGBTQ rights, with “most” of those bills “target[ing] transgender and nonbinary people, with a particular emphasis on trans youth.”4 These bills range from restricting gender-affirming care for minors to restricting what teachers may teach in schools to requiring transgender persons in public facilities like schools to use single-sex bathrooms
{"title":"“Do Not Ever Refer to My Lord Jesus Christ with Pronouns”: Considering Controversies over Religiously Motivated Discrimination on the Basis of Gender Identity","authors":"L. Mcclain","doi":"10.1017/jlr.2023.1","DOIUrl":"https://doi.org/10.1017/jlr.2023.1","url":null,"abstract":"In the by-now familiar framing “religious freedom versus LGBTþ rights,” perhaps the most visible conflicts today in the United States, and elsewhere, concern the “T”—transgender or gender identity rights. This issue of the Journal of Law and Religion includes a conversation in print between Patrick Parkinson, Laura Portuondo and Claudia Haupt, and Shannon Gilreath on this timely topic, and their contrasting perspectives mirror dimensions of the larger public controversies. Although tweets like those quoted above (by unsuccessful Republican congressional candidate Lavern Spicer) asserting that neither the Bible nor Jesus had pronouns sparked both factual corrections and comical retorts,3 the underlying issues about religious stances on transgender rights are serious. Midway through 2022, state legislatures in the United States had already considered or passed a “record” number of bills seeking to restrict LGBTQ rights, with “most” of those bills “target[ing] transgender and nonbinary people, with a particular emphasis on trans youth.”4 These bills range from restricting gender-affirming care for minors to restricting what teachers may teach in schools to requiring transgender persons in public facilities like schools to use single-sex bathrooms","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"52 1","pages":"1 - 9"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81236165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In 2021, the debate about the spaces in which Europe’s Muslim citizens should be permitted to wear religious veils was reanimated by the introduction of new prohibitions introduced in Switzerland and France, and the decision of the Court of Justice of the European Union in joined cases C-804/18 and C-341/19. This article examines the jurisprudence of the European Court of Human Rights concerning veiling. We argue that veil bans reduce the ability of Muslim women to actualize themselves as citizens by limiting their capacity to develop their identity through autonomous action. As such, we argue, the right ultimately at stake—which should protect rights in respect of veiling—is the right to a private life under Article 8 of the European Convention on Human Rights, and judicial and popular conceptions of veiling should be reoriented to accommodate this view. Doing so, we argue, highlights the full range of functions that veiling implicates—including religious but also secular identarian concerns and exposes how a usually expansive right has been curtailed in cases involving veiling.
{"title":"Citizenship, Identity, and Veiling: Interrogating the Limits of Article 8 of the European Convention on Human Rights in Cases Involving the Religious Dress of Muslim Women","authors":"Róisín A Costello, Sahar Ahmed","doi":"10.1017/jlr.2022.58","DOIUrl":"https://doi.org/10.1017/jlr.2022.58","url":null,"abstract":"Abstract In 2021, the debate about the spaces in which Europe’s Muslim citizens should be permitted to wear religious veils was reanimated by the introduction of new prohibitions introduced in Switzerland and France, and the decision of the Court of Justice of the European Union in joined cases C-804/18 and C-341/19. This article examines the jurisprudence of the European Court of Human Rights concerning veiling. We argue that veil bans reduce the ability of Muslim women to actualize themselves as citizens by limiting their capacity to develop their identity through autonomous action. As such, we argue, the right ultimately at stake—which should protect rights in respect of veiling—is the right to a private life under Article 8 of the European Convention on Human Rights, and judicial and popular conceptions of veiling should be reoriented to accommodate this view. Doing so, we argue, highlights the full range of functions that veiling implicates—including religious but also secular identarian concerns and exposes how a usually expansive right has been curtailed in cases involving veiling.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"84 1","pages":"81 - 107"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75840843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract John Witte, Jr.’s book The Blessings of Liberty contains an important message about the origins and continuing relevance of religious liberty. Based on careful historical analysis of the development of religious liberty in England and the US, Witte demonstrates the importance of Protestant thinking both to the right and to human rights more generally. In the process he refutes both Christian and post-Enlightenment sceptics. His discussion of contemporary US and European law shows how much the right is still needed today, despite the claims of contemporary scholars that freedom of religion and belief is a redundant right.
{"title":"Religious Liberty and Human Rights: Their Origin, Their Development in the Anglo-American Legal Tradition, and Why They Are Still Needed","authors":"I. Leigh","doi":"10.1017/jlr.2022.59","DOIUrl":"https://doi.org/10.1017/jlr.2022.59","url":null,"abstract":"Abstract John Witte, Jr.’s book The Blessings of Liberty contains an important message about the origins and continuing relevance of religious liberty. Based on careful historical analysis of the development of religious liberty in England and the US, Witte demonstrates the importance of Protestant thinking both to the right and to human rights more generally. In the process he refutes both Christian and post-Enlightenment sceptics. His discussion of contemporary US and European law shows how much the right is still needed today, despite the claims of contemporary scholars that freedom of religion and belief is a redundant right.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"49 1","pages":"118 - 125"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88770312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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