In the last week the US Supreme Court has acted in two religious freedom cases (Burwell v. Hobby Lobby and Wheaton College v. Burwell) in favor of conservative Christian plaintiffs seeking exemptions from the contraceptive coverage mandate of the Affordable Care Act. Liberals have gone nuts, wildly predicting the end of the world as we know it. While I share their distress about the effects of these decisions on women, I want to talk about religion. I believe that it is time for some serious self-reflection on the part of liberals. To the extent that these decisions are about religion (and there are certainly other reasons to criticize the reasoning in these opinions), they reveal the rotten core at the heart of all religious freedom laws. The positions of both liberals and conservatives are affected by this rottenness but I speak here to liberals.
Posts Tagged ‘law and religion’
In a recent essay on equality and citizenship in a multi-religious Sudan, Noah Salomon describes a commitment among development experts to equality before the law as a “non-ideological” solution to the problems of post-conflict societies. Salomon disagrees with the consensus, suggesting rather that “law, the institutions which promote it, and our relationship to them enfold deep ideological and political commitments which require a whole host of presumptions about justice and how best to achieve it.” While the rule of law is assumed to govern from a neutral public space that has transcended ideological and political particularities, the hegemony of rule of law discourse should not be taken as a mark of neutrality. It would be a mistake to remove the rule of law from conversations about power, history, difference, and governance.
The same may be said of secularism.
On April 7th the Quebec Liberal Party won a majority government in the 41st Quebec general election, with incumbent Parti Québécois, and its controversial Charter of Quebec Values, finishing second.
In his new book, Securing the Sacred, Robert M. Bosco examines how secular states attempt to understand and engage religious ideas and actors in the name of national security.
On July 3, 2013, after four days of intense public protests, Egyptian President Mohamed Morsi was removed, by force, from elected office.
As part of the discussion and workshop on “Beyond Critique,” Lorenzo Zucca, Reader in Jurisprudence at King’s College London, writes about the definition of religion as it relates to Scientology.
On November 7th, 2013, on the heels of a heated public debate about the role of religion in public life, the government of Quebec tabled its controversial Bill 60, “Charte affirmant les valeurs de laïcité et de neutralité religieuse de l’État ainsi que d’égalité entre les femmes et les hommes et encadrant les demandes d’accommodement” (Charter affirming the values of state secularism and religious neutrality and of equality between women and men, and providing a framework for accommodation requests). The legislation, introduced by Bernard Drainville, the minister for Democratic institutions and active citizenship, seeks to affirm the religious neutrality of the state, specifically by prohibiting public sector employees—including those working in hospitals, schools, daycare centers, and universities—from wearing “signes ostentatoires” [conspicuous religious symbols], examples of which include hijabs, kippas, Sikh turbans, and “large” crucifixes. The legislation also proposes to amend Quebec’s Charter of Human Rights and Freedoms, in order to enshrine the equality of men and women as the highest human right, to which other rights (e.g. freedom of religious expression) would be subordinated.
Is religion a valid category of scholarly inquiry? In this post, I briefly set out three distinct approaches to the study of religion: criticizing religion, upholding religion and disaggregating religion. Although I cannot make the full case here, I sketch a preliminary defense of the third approach, in the context of recent debates in political theory.
By “criticizing religion,” I mean not the critique of the beliefs or practices of self-described religious individuals or groups but rather the critique of the concept of religion as a scholarly category. According to a number of scholars (often influenced by Foucauldian or post-colonial thought), the category of religion is deeply implicated in the history and practice of western statism and imperialism. The only appropriate scholarly stance towards this object is one that is critical and skeptical.