Two Words: Why Frank Ravitch No Longer Supports the Overturning of Employment Division v. Smith

In its landmark 1990 decision Employment Division v. Smith, the U.S. Supreme Court held that the First Amendment’s Free Exercise Clause does not require religious exemptions to neutral and generally applicable laws, even if those laws incidentally burden religious practice. Over the years, Smith has been criticized for its insensitivity and harm to religious needs and rights, particularly those of religious minorities. Frank S. Ravitch (Michigan State University College of Law) explains why he no longer supports the overturning of Smith.

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Measuring Religious Freedom Globally: Interview with Jonathan Fox

Religion and State Project founder and Bar-Ilan University professor Jonathan Fox explains how state policies concerning religion and religious freedom can be measured empirically. Fox discusses what prompts governments to discriminate against certain (or all) religions and why government support of religion is a popular tactic to control it. He also provides nuanced perspectives on the interplay of democratic and secular governments and religious freedom, drawing on legal decisions involving religious freedom and women’s rights, bodily integrity, and the humane treatment of animals.

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Discriminatory State Practices Involving National Identity Documents with Impacts on Religious Freedom

Brandon Reece Taylorian is an associate lecturer and researcher at the University of Lancashire (UK).

Introduction

Government-issued identity (ID) documents are commonplace, from passports to birth and marriage certificates to national ID cards.[1] 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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