Human Dignity Initiative
Celebrating the 70th anniversary of the Universal Declaration of Human Rights with an invitation to a global conversation about preserving and protecting human dignity for everyone everywhere.
Talk About: Law and Religion
Blog of
The International Center
for Law and Religion Studies
Featured Conversations
Recent Posts
Frank Ravitch (Michigan State University College of Law) discusses America’s shift from moderate separationism to an anti-separationist approach to religion-state relations. According to Ravitch, the victimhood of social conservatives not only drives the Supreme Court’s current majority to an increasingly anti-establishment stance but also results in strong politicization of the Court and its decisions. Ravitch explains how recent First Amendment decisions, including Mahmoud v. Taylor (more because of bias evident in the majority opinion rather than the decision itself), contribute to this trend and predicts that the Court will eventually overturn Smith v. Employment Division and constitutionalize Burwell v. Hobby Lobby. He also touches on an alternative approach to both the current anti-establishment drift and radical separationism.
“Sacred Stuff”: Indigenous Religions in Post-Apartheid South Africa
by Christine Venter
A nation, David Chidester tells us, is “made out of sacred stuff.” Nowhere is that more apparent than when examining the rich religious diversity of South Africa. According to the most recent (2022) South African census figures, approximately 73% of the population identifies as Christian, 14% report affiliation with “unspecified” religions, while affiliates of African Indigenous Religions (AIRs) make up 7% of the population. Jews, Muslims, Hindus, and Bahá’ís respectively account for 1–2% or less of the population. Although the census has been criticized for its methodology and questionable accuracy, it provides some insight into the myriad religions that comprise the South African population. However, it fails to fully capture the fact that some adherents of AIRs combine indigenous beliefs and practices with those of Christian or other major religions, seeing no incompatibility between the two. …
Religious Freedom, Realism, and Constitution-Making
by Andrea Pin
The debate over Syria’s new constitution is the latest iteration of several efforts to pacify the Middle East and North Africa (MENA) region while securing the rule of law and human rights. The twenty-first century is marked by an impressively long series of constitutional documents that have attempted to pursue these goals, with precarious or even disappointing results. The geographic span of countries that have undergone such processes, often with international help, extends from Morocco to Afghanistan. In some cases, constitutional changes have resulted in amendments that left the preexisting elites in charge; on other occasions, new constitutions have marked dramatic regime changes. …
In 2017, Israel’s Supreme Court was asked to decide a peculiar question: could a state court tell a religious community to shun one of its members? The case involved a husband who refused to grant his wife a Jewish religious divorce, a gett. Under Orthodox Jewish law, without her husband’s consent the woman could not remarry or have children who would be recognized as legitimate. Israeli law, by giving exclusive jurisdiction over Jewish marriage and divorce to rabbinical courts, effectively entrenches this discriminatory rule. To mitigate its harshest consequences, state rabbinical courts have long been empowered to impose coercive civil sanctions, executed by the state’s enforcement apparatus: freezing assets, revoking drivers’ licenses, even jailing recalcitrant husbands. But these powers do not always work. In some ultra-Orthodox communities, social shame matters more than loss of liberty. So rabbinical judges began invoking traditional sanctions from medieval Jewish law—calling on neighbors to ostracize the stubborn husband until he relented. The Supreme Court’s response was striking. …
Search Topics in Law and Religion
Explore topics such as COVID-19, Gender, Jewish Law, LGBTI+, Marriage, Religious Exemption, and Security
Anti-Extremism | Assisted Dying | Autocephaly | Children | Church-State Relations | Constitutional Space | COVID-19 | Death Penalty | Definition of Religion | Digitalization | Discrimination | Equality | Extremism | Family | Family Law | Freedom of Expression | Gender | Genocide | Hagia Sophia | Human Dignity | Human Rights | In Memoriam | Interfaith Dialogue | Islamic Law | Jewish Law | LGBTI+ | Marriage | Minorities | Peacebuilding | Pluralism | Politics | Race | Reasonable Accommodation | Religious Autonomy | Religious Exemption | Religious Freedom | Religious Institutions | Religious Law | Rule of Law | Secularity | Security | Social Service | Ukraine | Russia | War | Digitalization | Humanitarian Aid | Religion and Constitution
Subscribe to our Monthly Newsletter
Fill out the form below to receive updates on topics in law and religion.