Law and Religion Seminar Spring 2017 Law 635 (001) MW 10-11:15 am

Transcription

1 Professor: Helen Alvaré Office: 433G Phone: Law and Religion Seminar Spring 2017 Law 635 (001) MW 10-11:15 am 1. REQUIRED TEXT: Michael W. McConnell, John H. Garvey, Thomas C. Berg, Religion and the Constitution, 3rd ed., Aspen I will also provide you with a series of handouts, sometimes in hard copy, sometimes via TWEN. 2. CLASS METHOD: I expect you to read all of the assigned material and to be prepared for a lively class discussion, which discussion will occupy the largest part of each meeting. I also expect regular volunteering, but will call on students who are not volunteering regularly. 3. GRADING: The law school s Academic Regulations require a substantial writing assignment (AR 4-2) as the basis of a grade in a course that does not have a final exam. It must be a major paper in order to satisfy a portion of your writing requirement (AR 3-3.3). The paper must be between doublespaced, typewritten pages, footnotes included. The topic must be approved in advance by me, before February 20, A first draft is due March 10. A final draft is due by May 3. Your final grade will be based 45% upon the quality of your class participation, and 55% upon the quality of your paper. 4. OFFICE HOURS: Mondays after class, and by appointment. 5. ATTENDANCE: Academic Regulation 4-1 governs attendance. Assignments: Wed Jan 18 - Mon Jan 23 A survey of the constitutional questions raised by the First Amendment religion clauses; and the historical beginnings of the religion clauses 1

2 Jan 18: TEXT 1-36, top; Jan 23: TEXT 38(beginning with Locke) 58; (note 3 only) Wed Jan 25 Treatment of Religion at Law - International Comparisons TEXT 90(note 2) 113; Mon Jan 30 - Wed Feb 1 Free Exercise and Accommodation, U.S. Broad Exemptions for Religion TEXT ; (to the end of note 2); 159(at 4) 173 Mon Feb 6 - Wed Feb 8 Free Exercise and Accommodation: The Demise of Broad Exemptions (Smith and the Religious Freedom Restoration Act) TEXT Mon Feb 13 - Wed Feb 15 Free Exercise and Accommodation, cont d (Free Exercise for corporations? What is a burden on religion? What is a compelling state interest?) Mon Feb 20 - Wed Feb 22 Handout: HHS Preventive Care Mandate Package Hobby Lobby and the Little Sisters of the Poor TEXT , Notes on pp Burdening Religious Practice: Sufficiency of Governmental Justifications Establishment of religion is accommodation from a general law permitted, or does the accommodation itself become an impermissible Establishment? TEXT (to end of note 2); and 266 (c.) HANDOUT: Legislative Prayer and a Historical Approach to Establishment Analysis? Town of Greece v. Galloway 2

3 Mon Feb 27 - Wed Mar 1 Law and Religion in the Family Law Context: HANDOUT, Don S. Browning, Modern Law and Christian Jurisprudence on Marriage and Family, 58 Emory L. J (2008) (excerpted) HANDOUT Custodial Disputes involving religion HANDOUT: Sexual Expression and Religious Freedom Mon Mar 6 - Wed March 8 Internal Church Disputes and Civil Jurisdiction: TEXT HANDOUT: Hosanna Tabor Evang. Church and School v. EEOC Spring Break March Mon Mar 20 - Wed Mar 22 Establishment: Government aid to religious schools Brief Lecture on the Blaine Amendment TEXT TEXT (stop before B); and HANDOUT Frances C. Fowler, The French Experience with Public Aid to Private Schools, Phi Delta Kappa International Mon Mar 27 - Wed Mar 29 Tax Benefits? Neutral Aid to Religious Entities TEXT: Mon Apr 3 - Wed Apr 5 Topic 1: Partnership without Establishment? Government Aid to Religious Charities TEXT Topic 2: Religion as a source of reason? Or Religion, qua religion, illuminating law, or benefitting the common good: 3

4 Read, HANDOUT, Francis J. Beckwith, Must Theology Always Sit in the Back of the Secular Bus? The Federal Courts View of Religion and its Status as Knowledge, 24 J. of Law & Religion (2009). Mon April 10 - Wed April 12 School Curriculum Issues and Free Speech; Public School-Owned Space TEXT ; 654, n ; Mon April 17 - Wed April 19 Religious Voices in Politics Re: Legislation: TEXT Re: Elected Officials: Read HANDOUTS: -Gov. Mario Cuomo, Religious Belief and Public Morality: A Catholic Governor s Perspective (John A. O Brien lecture at the University of Notre Dame, Sept 13, 1984). -Governor Mitt Romney, Faith in America, (2007). -Barack Obama, Call to Renewal (2006) Mon April 24 - Wed April 26 Religion, Political Activities, and Religious Freedom from within the perspective of various religious traditions. TEXT Robert Gordis, Religious Liberty _ A Jewish Perspective, SIDIC Periodical XIII, 1980/3 Religious Liberty, available at Read Abdullah Saeed, "The Islamic Case for Religious Liberty," First Things, Nov (excerpted). Read HANDOUT Dignitatis Humanae (Roman Catholic) and Congregation for the Doctrine of the Faith, Catholics in Political Life (Roman Catholic) (excerpted) Read HANDOUT Baptist Joint Committee for Religious Liberty &Itemid=76 (excerpted). 4

5 Read HANDOUT - Transcript of Elder Dallin H. Oaks speech given at Chapman University School of Law on 4 February 2011 (excerpted). Mon May 1 - TBD 5