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Blog of the International Center for Law and Religion Studies
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Three Observations on the Catholic Charter School Case
by Frederick Mark Gedicks
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.
In our new video, Pavlo Smytsnyuk of the Elliott School of International Affairs comments on Pope Leo XIV’s initiatives to bring peace to Ukraine.
Timeline:
0:00 – Pope Francis and the war in Ukraine
5:35 – Pope Leo’s Approach to the Russia-Ukraine War
11:45 – Can the Vatican’s Efforts to Bring Peace to Ukraine Succeed?
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.
Discriminatory State Practices Involving National Identity Documents with Impacts on Religious Freedom
by Brandon Reece Taylorian
Government-issued identity (ID) documents are commonplace, from passports to birth and marriage certificates to national ID cards. These documents play an important role in civil society, national security, and international travel. However, several states issue ID documents in ways that discriminate based on religion or belief, causing reasonable concerns for those monitoring conditions of freedom of religion or belief (FoRB). This post summarizes discriminatory state practices in issuing national ID documents and their impacts on the freedoms of religious communities and individuals. Surveying such practices highlights the intersection of several FoRB violations, including withholding citizenship from members of disfavored religions and placing undue restraints on the economic and social mobility of members of religious minorities.
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