by Dmytro Vovk, Jeremy Patrick, Alberto Jose Ferrari Puerta, Cǎtǎlin Raiu & Mihai Miron, Mieczysław Różański & Piotr Szymaniec
In this series, contributors discuss the naming of religious entities as a religious freedom issue. Focusing on Australia, Bulgaria, Estonia, Poland, Romania, Spain, and Ukraine, they analyze regulations implemented or considered in these states to restrict the autonomy of religious groups in choosing a name. From the perspective of human rights law, this autonomy, as an aspect of freedom of religion or belief, is not absolute. States are allowed to proportionally interfere in the naming of religious organizations to balance religious autonomy against the rights of others or other legitimate values, such as protection of intellectual property.
There is not a lot to be said about the Court’s affirmance here. None of the Justices issued opinions, as is the recent custom in tie votes, and we don’t how the Justices voted (though it’s a good bet that Justices Kagan, Sotomayor, and Jackson, who tend to support separationist results in Religion Clause cases, were for affirmance). The Oklahoma court’s decision is binding precedent only in Oklahoma.
Still, that there is little to say does not mean there is nothing to say. I will venture three observations, about the interaction of the Free Exercise and Establishment Clauses, about the constitutionally jarring possibility of publicly funded sectarian education, and the growing importance of Justice Barrett in Religion Clause cases.
On 21 January 2025, Iraq’s legislature adopted a law that will highly likely subject Iraqi women and girls to human rights violations, based entirely on internal regulations developed by the religious sect to which they belong. Specifically, the legislation amended the 1959 Personal Status Law (PSL) to expand the authority of religious sects within Iraq to develop their own family (personal status) laws based on their interpretations of Sharia law.
While the legislation (2025 amendment) specifies that the sectarian legal codes being developed must comply with existing age restrictions for marriages established in the PSL, the danger of legitimizing child marriage and subjugating women to unequal status remains. The amendment to the PSL both contributes to and results from deepening sectarian conflicts within Iraq. The Iraq mixed legal system cannot function to protect women’s and girls’ rights, and the amendment is just a symptom of a larger crisis.
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.