Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, August 23, 2019

Bishops Welcome Proposed Rule to Protect Rights of Religious Employers

The chairmen of three U.S. bishops’ committees Aug. 21 welcomed a proposed rule from the U.S. Department of Labor aimed at clarifying religious protections that may be invoked by federal contractors, including faith-based organizations.

“Faith-based groups should have the opportunity to compete on a level playing field as they seek to partner with the federal government to provide critical social services,” the bishops said in a statement. “These proposed rules protect religious liberty, a core constitutional right, by clarifying existing religious exemptions consistent with federal law and recent Supreme Court precedent.”

The proposed rule would clarify that religious organizations may make employment decisions “consistent with their sincerely held religious tenets and beliefs without fear of sanction by the federal government,” the Labor Department said in announcing it Aug. 14. The proposal was issued by the department’s Office of Federal Contract Compliance Programs, known as OFCCP.

Full article at Crux

Thursday, August 22, 2019

Weigel on the Pell verdict

Over at First Things, George Weigel has these comments about the recent (split) decision affirming the sex-abuse conviction of Cardinal George Pell.  I realize there are those who claim that skepticism about the fairness of the proceedings against Cardinal Pell simply reflects ideological or ecclesiological agreement with him, but this claim is misplaced.  As a former criminal-defense lawyer, and as one who has been teaching Criminal Law for 20 years, I am committed, across the board, to the deeply rooted and foundationally important rule that imposes an exceptionally demanding burden of proof on the government before a criminal conviction.  I do not believe that burden was met here, or that any reasonable, unbiased factfinder could have concluded that it was.  That "something might have happened" or even that "something probably happened" (and, to be clear, I am not saying I believe that either of these is the case here) is not, and should not be, enough, in the criminal context.

Wednesday, August 21, 2019

Maryland Case Reveals Religious Discrimination in Education

This op-ed by Neal McCluskey of the Cato Institute’s Center for Educational Freedom details a current form of discrimination in Maryland. As noted in the op-ed:

If government says that you are free to believe in something, but not to act on it, you are not truly free. That reality lies at the heart of a federal lawsuit filed by the Bethel Christian Academy against the state of Maryland, which kicked the academy out of a private school voucher program for having policies consistent with the school’s religious values. Such unequal treatment is unacceptable. 

 

Immediately at issue are the school’s policies requiring that students and staff behave in ways consistent with the idea of marriage being between a man and a woman, and an individual’s proper gender being the one assigned at birth. The state maintains that those policies are discriminatory against LGBTQ individuals and that allowing public money — school vouchers from the state’s BOOST program — to flow to Bethel Christian is unacceptable.

 

The state’s position is totally understandable: All people should be treated equally when government is involved. The problem is that the state government is not treating religious people equally – a problem in the public education system not just in Maryland, but in every state in the country.

Religious schools need the ability to act on their religious principles without being cut off from choice programs. More than 482,000 students across the country are exercising private school choice.  As McCluskey points out, the Maryland policy now essentially says that educators and parents may pick a school consistent with their faith, but as a practical matter that faith must be dead.

Tuesday, August 20, 2019

USCIRF Commissioner Calls for Release of Religious Prisoner of Conscience

WASHINGTON, DC – United States Commission on International Religious Freedom (USCIRF) Commissioner Tenzin Dorjee today called on Chinese authorities to immediately and unconditionally release Gulmira Imin, a Uighur Muslim detained in 2009. Ms. Imin was a web administrator for the Uighur-language website Salkin.

“The extreme and unjust sentence imposed on Gulmira Imin foreshadowed the mass internment and other forms of persecution we see today against Uighur Muslims in China,”said Dorjee, who adopted Gulmira Imin in 2018 as part of USCIRF’s Religious Prisoners of Conscience Project. “The Chinese government used Ms. Imin as a scapegoat for unrest in Xinjiang rather than reflecting upon the role its repressive policies might have had in fueling discontent. We urge China to release Ms. Imin and the other Uighur Muslims that it has detained because of their religious or cultural identity.”

https://www.uscirf.gov/news-room/press-releases-statements/press-release-uscirf-commissioner-tenzin-dorjee-calls-release

 

Open Rank Faculty Position in Constitutional Studies at Notre Dame

Open Rank Faculty Position in Constitutional Studies

Department of Political Science

University of Notre Dame

 

The Department of Political Science at the University of Notre Dame invites applications for an open-rank full-time, tenure track/tenured faculty position in Constitutional Studies. The department seeks applications from promising and distinguished scholars with a research focus in American constitutionalism, which includes but is not limited to public law, the history and philosophy of American democracy, and American constitutional development.

 

The successful candidate will be a member of and offer graduate-level courses in the Department’s Ph.D. subfield in Constitutional Studies and core classes in the University’s undergraduate minor in Constitutional Studies, such as: “American Constitutionalism,” “Constitutional Government & Public Policy,” and “The History and Philosophy of Constitutional Government.”

 

The successful candidate will also contribute to Notre Dame’s thriving Program in Constitutional Studies, a center of research and teaching devoted to the production of distinguished scholarship and the cultivation of knowledgeable and civically-minded citizens. The Program directs the University’s growing 100+ student minor in Constitutional Studies and sponsors many lectures, seminars, and colloquia each academic year.

 

Application Instructions

All applicants are required to submit a letter of interest, a C.V., three letters of reference, and a teaching statement which includes a summary of any teaching evaluations available.

Apply by October 1, 2019 at https://apply.interfolio.com/66463

 

 

Equal Employment Opportunity Statement

This appointment is contingent upon the successful completion of a background check.  Applicants will be asked to identify all felony convictions and/or pending felony charges.  Felony convictions do not automatically bar an individual from employment.  Each case will be examined separately to determine the appropriateness of employment in the particular position.  Failure to be forthcoming or dishonesty with respect to felony disclosures can result in the disqualification of a candidate.  The full procedure can be viewed at https://facultyhandbook.nd.edu/?id=link-73597.

Equal Opportunity Employment Statement

The University of Notre Dame seeks to attract, develop, and retain the highest quality faculty, staff and administration.  The University is an Equal Opportunity Employer, and is committed to building a culturally diverse workplace.  We strongly encourage applications from female and minority candidates and those candidates attracted to a university with a Catholic identity.  Moreover, Notre Dame prohibits discrimination against veterans or disabled qualified individuals, and requires affirmative action by covered contractors to employ and advance veterans and qualified individuals with disabilities in compliance with 41 CFR 60-741.5(a) and 41 CFR 60-300.5(a).

Monday, August 19, 2019

National Moot Court Competition in Law and Religion at Touro

Thanks to Sam Levine for the tip - more information on the 6th Annual competition at Touro is here.

Thursday, August 15, 2019

The Inspired Mary Ann Glendon and Her Dismal Critics

The best path to understanding why Mary Ann Glendon is such an inspired choice to lead Secretary of State Mike Pompeo’s Commission on Unalienable Rights may run through the apoplexy of her critics.

Full article at Law & Liberty here.

Tuesday, August 13, 2019

Cert Petition Urging Overruling of Smith

The Becket Fund has filed a certiorari petition in a case called Ricks v. Idaho Board of Contractors. Ricks, who applied for an Idaho license to be able to practice his livelihood as a construction contractor, objected to the requirement of providing his social security number (he believes, as a small but non-negligible number of people have regularly believed, that it’s the “mark of the beast” in Revelation 13:16-18). The petition urges the Court to overrule Employment Division v. Smith and subject even “neutral and generally applicable laws” to meaningful scrutiny under the Free Exercise Clause.

Ten religious liberty scholars, including yours truly, have signed an amicus brief supporting the petition. Tom Hungar and others at Gibson Dunn drafted and filed the brief on our behalf. From the summary of argument:

Smith is ripe for reconsideration, and this case presents an excellent opportunity for the Court to engage in that endeavor. Smith itself was a departure from this Court’s previously settled requirement that the government demonstrate a compelling interest before imposing a substantial burden on the free exercise of religion. The question of the proper interpretation of the Free Exercise Clause was not briefed in Smith, but it has been substantially elucidated by subsequent academic work. That scholarship reveals that the Framers understood the Clause not merely as embodying an equal protection principle that prohibits targeting or discriminating against religion, but also as a substantive protection granted to religious practices even in some circumstances where similar secular conduct can be prohibited. The Smith Court’s undue contraction of the protections afforded by the Free Exercise Clause inevitably falls hardest on adherents of minority religions—the very individuals that the Clause was adopted to protect.

Religious Leaders in Cuba are Bravely Confronting the Regime’s Oppression

This recent opinion in the Miami Herald gives a great summary of recent events in Cuba related to religious liberty. Cuba's Office of Religious Affairs continuously denies Cuban citizens the right to worship freely. 

Despite claims that it respects freedom of religion and belief, the Cuban government views religious advocates as problematic “counter-revolutionaries.” Through its Office of Religious Affairs — the main perpetrator of religious repression in Cuba — the government treats religious activists like common criminals. It divides the faith community by including a few in its tightly controlled Cuba Council of Churches, while treating others as troublemakers.

 

Last year, Catholic and Protestant religious leaders and followers called for stronger protections for freedom of religion and freedom of conscience to be included in the new constitution before it went to public referendum. Church leaders bravely united to expose the Cuban government’s efforts to water down previous constitutional guarantees of freedom by initiating two petitions, one signed by 180,000 Cuban citizens.

 

The Cuban government is retaliating. Last week, the Office of Religious Affairs canceled the National Catholic Youth Day, even though all permits were granted. Catholic priest Jorge Luis Perez said the arbitrary cancellation affected more than 3,000 young people’s spiritual retreat.

Monday, August 12, 2019

Garnett on "Why the Lawsuits Against Catholic Schools Should Fail"

I have an op-ed in the Indianapolis Star about the recent round of lawsuits that have been filed by former teachers against Catholic high schools and dioceses.   Here's a bit:

Every summer, the Supreme Court closes its work-year with a flurry of high-profile opinions dealing with controversial questions. The commentary and headlines about these decisions tends to focus on disagreement, division, and dissent. We should remember, though, that there are important, bedrock principles that unite the Court. 

One such principle, the justices unanimously reminded us just a few years ago, is that our country’s constitutional commitment to religious freedom does not allow the government to interfere with a church’s decision about its teachings or its teachers. The Court’s liberals and conservatives agree: If church-state separation means anything, it means this. . . .

If we value real diversity and meaningful pluralism in that sector, it is essential to respect both the freedom of religious schools to be distinctive and the decisions of religious schools about how to carry out, and who should carry out, their mission. 

Reasonable people in good faith can and will disagree about particular employment decisions, and it is appropriate to criticize what one regards as unfair, unjust, or uncharitable discrimination. In the United States, though, just as no one is forced to embrace a particular faith, no one is entitled to teach, lead, and minister in a particular religious school. The Constitution protects the right to reject a church’s teachings but does not permit the government to reshape them