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Mark welcomes back his friend and former colleague, Professor Marc DeGirolami of the Catholic University of America, for a conversation about Marc’s new book, The Constitution of Practice. Drawing on questions they have discussed and debated for years, Mark and Marc explore the case for constitutional traditionalism, how it differs from originalism, and what the Supreme Court’s turn to “history and tradition” means for the Establishment Clause. Mark presses Marc on some of the harder questions for a traditionalist approach: how to identify the relevant tradition, what to do about bad traditions, and whether in a country as diverse as the United States constitutional law should leave more room for regional and local variation. Listen in! The post Legal Spirits 083: Tradition and the Constitution appeared first on LAW AND RELIGION FORUM.

The Tomb of Frederick II in Palermo Cathedral In this Legal Spirits Short Take, Center Director Mark Movsesian reflects on his recent visit to Sicily and the 13th-century tomb of Frederick II, Holy Roman Emperor, King of Sicily, and the famous Stupor Mundi—the “Wonder of the World”—in Palermo Cathedral. Medieval Sicily was a major theater in the long struggle between popes and secular rulers over the boundaries of spiritual and temporal power, a struggle that included disputes over the appointment and authority of bishops. Frederick was deeply involved in that conflict. His burial in the cathedral, after years of bitter conflict with the papacy and repeated excommunications, offers a reminder of the ambiguous line between church and state—and of a contest that never wholly ends. Listen in! The post Legal Spirits 082: A Short Take on a Tomb in Sicily and a Never-Ending Contest appeared first on LAW AND RELIGION FORUM.

Catholicos Karekin II (OC Media) In this episode of Legal Spirits, Center Director Mark Movsesian speaks with Professor Arman Tatoyan of the American University of Armenia about a controversy involving the Armenian Apostolic Church and the government of Prime Minister Nikol Pashinyan. The dispute centers on a civil-court order requiring the Church to allow a bishop to continue serving as diocesan Primate while he challenged his removal. After the Church defrocked the bishop, authorities brought criminal charges against Catholicos Karekin II and other senior clerics for allegedly defying the order. We discuss the case under Article 9 of the European Convention on Human Rights and the principle of church autonomy, and ask whether even a temporary court order—and the threat of criminal enforcement—can become a serious burden on religious freedom. We also compare the European approach with U.S. church-autonomy doctrine and consider why the controversy matters well beyond Armenia. Listen in! The post Legal Spirits 081: Who Chooses the Bishops? Armenia’s Church-State Crisis appeared first on LAW AND RELIGION FORUM.

Photo: Becket In this Legal Spirits Short Take, Center Director Mark Movsesian discusses a new federal lawsuit challenging New York’s Medical Aid in Dying Act. Catholic healthcare providers argue that the state’s statutory regime will require them to counsel patients about medically assisted suicide, even though their religious commitments prohibit them from participating in the practice. New York has not yet responded, and important questions remain about what the law actually requires. Assuming the plaintiffs’ account is correct, Mark considers whether the counseling obligation substantially burdens their religious exercise, whether the law’s different treatment of hospices undermines its general applicability, and whether New York could protect patient access to legal end-of-life options through less restrictive means. Listen in! The post Legal Spirits 080: A Short Take on Religious Objections to New York’s Assisted-Suicide Law appeared first on LAW AND RELIGION FORUM.

Poetica Coffee in Brooklyn In this Legal Spirits Short Take, Mattone Center Director Mark Movsesian discusses the recent controversy involving Congressman Dan Goldman and a Brooklyn coffee shop that reportedly said it would have refused him service because of his support for Israel. Was this illegal discrimination based on religion, or a refusal of service based on politics? What does this episode reveal about public accommodations law, political disagreement, and our penchant for turning ordinary commerce into a space for ideological conflict? Listen in! The post Legal Spirits 079: A Short Take on Coffee Shops and Political Combat appeared first on LAW AND RELIGION FORUM.

The Defense Department recently created a controversy by revising its list of religious affiliation codes for service members and failing to designate the LDS Church as Christian. After objections, DOD removed the Christian designation from the list altogether. In this Legal Spirits Short Take, Center Director Mark Movsesian explains how the episode reveals a deeper problem of liberalism in a religiously diverse society: government must frequently classify religion, but no classification can be completely neutral. Listen in! The post Legal Spirits 078: A Short Take on Religion in the Military appeared first on LAW AND RELIGION FORUM.

In this episode of Legal Spirits, I speak with Andrea Pin about his new book, Dignity in Judgment, and the role of human dignity in contemporary constitutional law. We explore competing understandings of dignity—a secular, autonomy-based view and a more communal conception influenced by religious traditions—and consider how courts choose between them. Along the way, we discuss why the secular view appears to dominate in practice and how judicial formation shapes the meaning of dignity in constitutional adjudication. The post Legal Spirits 077: Dignity in Judgment appeared first on LAW AND RELIGION FORUM.

Therapist Kaley Chiles at the Supreme Court (CSPAN) In this short take, Mark Movsesian looks at the Supreme Court’s 8-1 decision this week in Chiles v. Salazar, involving a Christian therapist who challenged Colorado’s ban on so-called conversion therapy for minors. Formally, Chiles is not a free exercise case. But religion is clearly in the background—a reminder that law-and-religion controversies are often worked out through the First Amendment’s speech protections. Listen in! The post Legal Spirits 076: A Short Take on Chiles v. Salazar appeared first on LAW AND RELIGION FORUM.

Louisiana Authorities Announce the New 10 Commandments Policy (CNN) A couple of weeks ago, the en banc 5th Circuit vacated on ripeness grounds a lower court ruling that Louisiana’s law requiring placement of the 10 Commandments in public school classrooms violates the Establishment Clause. In this short take, Mattone Center Director Mark Movsesian explains what the case is all about, and the significance of the en banc court’s decision. Listen in! The post Legal Spirits 075: A Short Take on the Louisiana 10 Commandments Case appeared first on LAW AND RELIGION FORUM.

Nearly eighty years after Japan adopted constitutional provisions separating religion and the state, Japanese courts continue to grapple with a question familiar to American lawyers: how to enforce separation without severing law from history, tradition, and social practice. In this episode of Legal Spirits, Mark Movsesian speaks with Professor Eiichiro Takahata of Nihon University about the Japanese Supreme Court’s church–state jurisprudence, including its adaptation of U.S. Establishment Clause doctrine and its distinctive reliance on common-sense social understandings. The conversation offers a comparative lens on the U.S. Supreme Court’s recent turn away from abstract tests like Lemon and toward history and tradition—and highlights both the parallels and the limits of that convergence. Listen in! The post Legal Spirits 074: Religion and the State in Japan appeared first on LAW AND RELIGION FORUM.