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A Brief History Lesson

Last week Republican Congressman Steve Scalise of Louisiana delivered some remarks at the National Prayer Breakfast. Notably, he said that Thomas Jefferson was the author of the Constitution which is not true. Jefferson was out of the country while the Constitution was drafted; James Madison was its principle architect. But of even greater concern was … Continue reading

  • Be very, very careful where you work if you're a woman. Check on the religious beliefs of your employer. The Supreme Court has ruled that closely-held corporations are protected under RFRA which is kind of like the Free Exercise Clause on steroids. But it's only reproductive coverage that can be refused on religious grounds. So, if you're a guy, you're fine. Get that transplant, get that transfusion, get those meds, get that vaccination. No religious objections are valid in those instances. As usual for this majority though, the men know what's best for women, and that is to not have access to the full range of health care options that women need. Ironically, the majority notes that the ruling can't be used to couch illegal discrimination behind religious belief. But the decision is all about the legality of discriminating against women. And as for the notion that this do-nothing, obstructionist Congress will suddenly allow the Affordable Care Act to be amended to cover contraception so that employees of these devout corporations will have access to medical care? We may be waiting for a very long time. This is also a problematic development for law governing corporations. If owners and their corporations are no longer separate entities, what of taxation? What of liability? Or will owners have it both ways? It's a brave new world. RFRA rules.
  • The Supreme Court handed down its decision in Town of Greece v. Galloway today. By a 5-4 plurality, the Second Circuit is reversed and  the town's practice of opening meetings with Christian prayers was held to be constitutional, ie. not a violation of the Establishment Clause. After I have a chance to read and analyze the decision I'll post at greater length. But I guess they'll just keep on praying to Jesus while they transact local government business in Greece. It's a bad day if you understand why separation of church and state are important. Hobby Lobby looms even larger now.



© Robin Miller Radner and The Law and Religion Project, 2018. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Robin Miller Radner and The Law and Religion Project with appropriate and specific direction to the original content.