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Religion & Law

Mirror of Justice Mirror of Justice

Dedicated to the development of Catholic legal theory.

Post Frequency: 46.4/day

Last Entry: April 01, 2011 at 15:50:36

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"Does Faith Trump Equality"

Posted on March 11, 2010
"When religions believe they must discriminate on grounds of sex, or gender, or of belief, what should the state do?" Ugh. Still, this way of framing the question is revealing -- "what should the state do?" More here.


"Spiritual, not religious"

Posted on March 11, 2010
The youth (or, as Joe Pesci would put it, "the yutes") are, increasingly, "spiritual", not "religious." Patrick Deneen suggests, though, that they might have it backwards: Spirituality is another kind of reaction against ?forms? ? this time in the religious...


An interesting new institutional-First-Amendment case

Posted on March 11, 2010
Here is the Ninth Circuit's decision in McDermott v. Ampersand Publishing. The district court had ruled that "a significant risk of First Amendment violation" would arise if a newspaper was forced by the NLRB to reinstate employees that the newspaper...


More on the Church's teaching authority, Arbp. Chaput, and Catholic schools

Posted on March 11, 2010
I have been hunting fresh snow beneath the ridges and among the trees in Jackson Hole, and so am late in coming to the ongoing discussion about Arbp. Chaput, same-sex unions, and Catholic schools? admissions policies. It seems to me,...


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"Public Reason Disease"

Posted on March 11, 2010
I have a review of Steve Shiffrin's excellent new book, The Religious Left and Church-State Relations, in the current issue of Commonweal. I don't agree with everything in the book, but I heartily endorse his willingness to respond to the...


"Teachings of the Magisterium" vs. "Teachings of Christ"?

Posted on March 10, 2010
It is the solemn teaching of the Catholic Church, reaffirmed at the Second Vatican Council, that the magisterium speaks with the true and certain voice of Jesus Christ when it proposes a teaching on faith or morals in such a...


How should a Catholic react to the new national education standards?

Posted on March 10, 2010
It looks like we're going to have national education standards soon, as 48 states have come together, along with the Obama Administration, to support standards laying out what students should be learning year by year, from kindergarten through high school,...


A question about Archbishop Chaput and the Denver Archdiocese

Posted on March 10, 2010
"In his written statement Tuesday, Chaput said the parents of Catholic school students are expected to agree with church beliefs, including those forbidding sex between anyone other than married, heterosexual couples." "Church beliefs"? Let's assume Archbishop Chaput is talking about...


The teachings of the magisterium are not necessarily "the teachings of Jesus Christ"

Posted on March 10, 2010
"Some Catholics concede that the church admits the principle of doctrinal development, but they accuse [John} Noonan, in Richard John Neuhaus's words, of too often equating development with 'a change, or even a reversal, of doctrine.' At a recent meeting...


L'Affaire Chaput, con't

Posted on March 10, 2010
This is lifted from dotCommonweal. To see the comments on the post, click here. Archbishop Chaput: no Catholic education for the children of gay couples. March 10, 2010, 2:12 pm Posted by Grant Gallicho [associate editor of Commonweal] As blogged...


Via Negativa

Posted on March 09, 2010
In theology there is a well-established method which holds that God is so utterly ineffable, so utterly beyond our comprehension that there is little one can say about God, aside from what is known through revelation. Rather, the human mind...


"the teachings of Jesus Christ"?

Posted on March 09, 2010
"In his written statement Tuesday, [Denver Archbishop] Chaput said the parents of Catholic school students are expected to agree with church beliefs, including those forbidding sex between anyone other than married, heterosexual couples. 'The church cannot change these teachings because,...


Catholic universities and "Behemoth State University"

Posted on March 08, 2010
A few days ago, at Public Discourse, Robert Coons asked, "What will replace Behemoth State University?" What can those of us who think about "the Catholic university question" contribute to answering his question? Comments are open!


Asylum for Home-Schoolers

Posted on March 08, 2010
Here's a more recent news story about a matter that came up before here at MOJ: On a quiet street in this little town in the foothills of the Smoky Mountains lives a family of refugees who were granted asylum...



Robert George, Ted Kennedy, and Criticism of the Dead (and the Living)

Posted on March 08, 2010
I will make three final observations regarding Robert George?s attack on the Kennedy family: 1. I see his point about social justice. I had read him to say that the Kopechne matter together with Kennedy?s position on abortion and stem...


Who may attend Catholic schools?

Posted on March 08, 2010
I'm all in favor of religious communities managing their own membership boundary lines -- a meaningful sense of belonging presumes a right to exclude -- but I'm having a hard time wrapping my head around the rationale behind removing the...


SSM and employee benefits

Posted on March 08, 2010
Thanks to Fr. Araujo (and others) for responding to my post asking how the extension of benefits to same-sex spouses legitimizes same-sex marriage. I'm trying to figure out what's doing the "work" of legitimization here: whether it's the very fact...


Judge not?

Posted on March 08, 2010
I'm grateful for the friendly tone of Steve's most recent comment, and happy to reflect with him on the important question he raises: "I wonder in general what the standard is for calling one?s Catholicism into question and I wonder...


Robert George, Religion, and the Kennedy Family

Posted on March 07, 2010
Robert George in his post yesterday observes that, ?As Hadley Arkes has remarked, Kennedy evidently regarded his religion as so private a matter that he refused to impose it even on himself.? George comments that this remark applies not only...


Steve Shiffrin, "Cheap Humor," and the Kennedys

Posted on March 07, 2010
I disagree with Steve Shiffrin's claim that Hadley Arkes's remark amounts to "cheap humor." On the contrary, it is humor that makes a telling and important point. Joseph P. Kennedy, John F. Kennedy, and Edward M. Kennedy (until public revelations...


A single episode 40 years ago?

Posted on March 07, 2010
Steve Shiffrin needs to re-read what I wrote. He accuses me of "catapulting" my disagreements with Ted Kennedy over abortion and stem cell research into a claim that Kennedy did not impose his religion on himself. He then declares me...


A justified cavil from a reader

Posted on March 07, 2010
An MoJ reader has written to express agreement with what I posted about the Kennedys, but to "cavil" as he put it, on one point. I said that JFK did not "even try" to impose his religion on himself. The...


Robert George and Ted Kennedy

Posted on March 07, 2010
I would make a couple of points concerning Robert George?s claims about Ted Kennedy. It is true that Ted Kennedy does not give as detailed an account of his moral failures in the death of Mary Jo Kopechne as does...


A response to Rob?s question: does providing benefits to same-sex spouses legitimize same-sex marriage?

Posted on March 06, 2010
Thanks to Rob for posting this important question that emerges from The Washington Post article about the former executive director of the Washington Archdiocese?s Catholic Charities sending a letter to the Archdiocese asking that it revoke its new policy regarding...


Was Kennedy's speech an effort to privatize religion?

Posted on March 06, 2010
Although John F. Kennedy declared that he believed in an America where the separation of church and state is "absolute," I doubt that he (or Ted Sorenson, for that matter) had any very firm views on the most significant issues...


How Many Chess Players Does the Pope Have?

Posted on March 06, 2010
Story here: To the tune of "Eddie the Eagle" and the Jamaican bobsled team comes this story of Don Valerio Piro, representing the Vatican in the upcoming European chess championship. Thanks to Mark Kende for the link!


Well done, Aidan O'Neill!

Posted on March 06, 2010
MOJ-friend Aidan O'Neill manages deftly to use a comment on a case involving traffic laws in Scotland as an occasion to reflect interestingly on More, Aquinas, Plato, and Aristotle. Nice!


Church-State Separation in Mexico

Posted on March 06, 2010
A fascinating piece by the Becket Fund's Luke Goodrich in the Wall Street Journal: . . . Last week, Mexico's lower house of Congress began the process of amending the Mexican Constitution to formally declare the country to be "laica"?meaning...


Bart Stupak is not wrong

Posted on March 06, 2010
In response to Rob's recent post, I would echo what one of the commenters observed, namely, that the health-insurance-funding measure(s) currently under consideration fund abortion not only through the subsidization of insurance policies that "happen to cover abortion", but also...


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