Political Science 336 Government and Religion Winter Semester 2015

Transcription

1 Political Science 336 Government and Religion Winter Semester 2015 Section 1: Room 280 SWKT on T/Th at 12:05 1:20 pm Instructor: David M. Kirkham, Ph.D., J.D., Senior Fellow for Comparative Law and International Policy, International Center for Law and Religion Studies - J. Reuben Clark Law School, and Associate Professor, BYU Department of Political Science Office: 784 SWKT Office Hours: Monday 3-5 p.m. or by appointment Office Phone: or kirkhamd@law.byu.edu TA Information Name: Neil Longo neil.longo@verizon.net Texts & Materials Required LAW AND RELIGION: National, International, and Comparative Perspectives By DURHAM, WC & SCHARFFS, B ISBN: AMERICAN GOSPEL: God, the Founding Fathers, and the Making of a Nation By MEACHAM, J ISBN: POLITICS OF AMERICAN RELIGIOUS IDENTITY: The Seating of Senator Reed Smoot: Mormon Apostle By FLAKE, K (Online) ISBN: NO GOD BUT GOD: The Origins, Evolution and Future of Islam (updated edition) By ASLAN, R ISBN: GOD S CENTURY: Resurgent Religion and Global Politics By TOFT, PHILPOTT, AND SHAH ISBN: Because the interaction of religion, law and politics makes the news daily, we will occasionally substitute selected news items for a portion of the assigned readings. Students should sign up for the free law and religion headlines service (US, European and International) at and peruse these regularly.

2 Description Course Description and Purpose: This course, Government and Religion, focuses on religionstate relations in all their complexities. We will examine key legal and political aspects of these relations from historical and current domestic, comparative, and international perspectives. Our primary, but not exclusive, emphasis will be on how governments protect or infringe on, intentionally or not, established human rights of freedom of conscience, religion and belief. A number of forces are combining today to challenge religious freedom s preferred place in the pantheon of fundamental human rights. They include: 1) National and international security concerns raised by terrorists claiming religious motives. 2) Widespread apathy about religion in developed countries, especially among Europeans who stand today at the summit of the world s protection of human rights. 3) Islamic pressure within the UN and elsewhere to make defamation of religion a violation of international law, with its likely consequences of inhibiting free speech and religious practices, especially for groups whose doctrines include proselytism. 4) Widespread post-cold War human rights abuses against religious minorities, from the Baha is in Iran to Krishna Bhaktas' in Kazakhstan to just about everyone in North Korea. 5) A renewed sense in some intellectual and political circles that religion is as much a source of abuse as it is of protection of human rights, e.g., the Catholic Church s widespread clergy abuses or continued abuse (legal or extralegal) committed in the name of Islam (and, though less visible, other religions as well). Always a key principle in Latter-day Saint teachings, religious liberty is currently on the forefront of issues confronting both the American and worldwide church at a level of intensity not experienced in the last 100 years. With LDS Church members assuming greater prominence in American politics, we see concerns about the proper place of religion in the public square on controversial political issues. Internationally, the LDS and other churches are also confronting challenges in the wake of religion-state concerns affecting most nations and religions. Some current church-state issues facing Latter-day Saints and others: - The right to require church employees to be practicing members of the religion that employs them (i.e., LDS temple recommend holders). Such cases have recently come before the United States Supreme Court and the European Court of Human Rights. - The cancellation of visas for non-european missionaries to Switzerland, in wake of efforts to curtail the activities of radical Islam. - Questions about churches rights to have a voice on moral or political issues in the public square, e.g., in California Prop 8 type situations, with potential consequences of churches losing tax exempt status, members suffering abuse, or more. - The question of religious exemptions from federal legal provisions which require employers to provide insurance that includes access to birth control, contrary to the tenets of Catholicism and others. - Recognition and legal status of minority religions, including LDS, in a variety of countries. It is clear that religious freedom issues will continue to have a wide impact on LDS Church members and others similarly situated. It is becoming more and more common to hear this subject addressed publically at the highest levels of church leadership (see Elder Oaks recent

3 talk at BYU-Idaho which received widespread national attention). As it is, however, few students at BYU have a real opportunity to wrestle with these issues, to examine them at length and from a variety of angles. The BYU Law School teaches two or three small courses on religious liberty and only one course, usually every other year, on international religious liberty. The issues go beyond the technicalities of the law, however, and reach deep into the heart of political and social culture. It will take more than a handful of law students to grapple with the principles of religious liberty if these principles will continue to hold sway in American society and the LDS subculture. Having said that, this course does not have an ideological agenda. The issues are truly nonpartisan in nature and wide reaching in their scope and impact. We will approach our study from the standpoint that religious liberty and freedom of conscience benefit all, not just Latterday Saints, and that Latter-day Saints profit from the efforts in this domain made by many people of other faiths and even, sometimes, by those of no religious adherence. Learning Outcomes Political Process, Theory, and Thought Within a historical and theoretical context, students will demonstrate understanding of the evolution of religion-state relations and the sources of and limitations on religious liberty and freedom of conscience as fundamental human rights. Political Process, Theory, and Thought Students will demonstrate knowledge and understanding of the watershed historical and current events, at home and abroad, that figure most prominently in religion-state issues. Effective Research and Analysis Students will acquire analytical tools with which to address state concerns when dealing with matters that overlap with religious interests, and with church, mosque, etc. concerns when engaging in activities that arguably fall within the traditional domain of government. Critical Thinking and Analysis Students will become acquainted with and analyze the concept of religion-state separation and its balancing interest of the religious voice in the public square, drawing on historical and contemporary examples as illustrations. Political Process, Theory, and Thought In the context of the course s overarching themes, students will survey formative tensions in the history of religious freedom, theoretical and human rights perspectives on religious freedom, religious speech and expression, limitations on religious freedom, religious extremism, and potential conflicts of rights of conscience and religious freedom with other fundamental rights. Critical Thinking and Analysis Students will demonstrate increased confidence in their abilities to assess and express the concerns on both sides of religion-state conflicts and questions, and arrive at conclusions that will protect the interests of both in a well-balanced, fundamental manner. Faith and Political Analysis Course participants will inquire into how Latter-day Saint perspectives might contribute to better understanding of religious freedom and how the interests of the Church of Jesus Christ of Latter-day Saints in this domain are fundamental to the Church s ability to thrive and are basic to the interests of believers and non-believers alike.

4 Assignment Descriptions Course Requirements: Approximately 20 pages of writing, 1200 pages of reading, exactly two exams, and active participation, as follows: A) 10% - Rough Draft of Research Paper A preliminary draft of the country mapping research analysis or analytical research paper will be due February 10 th. These drafts will be edited, providing further feedback as you continue to revise and refine your project. B) 20% - Midterm examination based on readings, lectures, and classroom discussions from the first half of the course. This exam will be administered at the Testing Center on 19 and 20 February. B) C) 10% - Book Review and analysis (4-5 double-spaced pages, 12 pt font) of The Politics of American Religious Identity, by Kathleen Flake, or No god but God, by Reza Aslan. Due March 31. This review should be analytical in nature and contain a clear thesis. This is a review essay designed to get you to think deeply about a particular book and show its relation to the overarching themes of the course. This review should be analytical in nature (it is not a book report ) and contain a clear thesis. It should be formatted like a professional book review (title, proper heading, etc.) and include generous quotations, citations and evidence from within the book itself to support your conclusions. It is not a research paper requiring you to go outside the book itself for your analysis. Sometimes outside comparisons or references are helpful, if done well, but too often they cause students to lose their focus. This link includes guidelines on how to write a book review and should be useful: We will post on Learning Suite in the Content section some book reviews written by Dr. Kirkham which show an acceptable format and analytical approach. D) 25% - A law and religion country mapping research analysis for possible posting at or an analytical research paper of pages (double-spaced, 12 pt font) examining in depth, one of the issues we discuss in class that you and I agree to be appropriate. This will be due on 9 April but please send me an letting me know your topic or one or two choices by about a month before the due date. E) 25% - Final examination based primarily on readings, lectures, and classroom discussions from the second half of the course, including the Flake and Aslan books, but with expectations that, especially in essay questions, you will show your abilities to draw on materials and understanding from the entire course. The exam will take place in our classroom (280 SWKT) from 11 a.m.-2 p.m. on April 21 th. F) 10% - Active participation this means attendance, preparation, and active interaction with me and other class members during the course. Each person will do a very short presentation on a current issue relating to law, government and religion. I take class participation seriously but I try not to make it a miserable experience for particularly shy persons.

5 Late Policy If you are unable to turn an assignment in on time, please let me know and send an electronic copy as soon as the assignment is completed, although I would also like a hard copy turned into me. Assignments turned in late will receive a 5% deduction if turned in prior to 5 p.m. still on the due date and a 10% deduction after 5 p.m. and for each day late thereafter. Point Breakdown Assignments A written book review and analysis of American Gospel, by Jon Meacham Percent 100 Midterm examination 200 A written book review and analysis of The Politics of American Religious Identity, by Kathleen Flake, or No god but God, by Reza Aslan Analytical research paper/country map Final examination 250 Active class participation 100 Total Points 1000 Grading Policies: The following is taken from the current BYU Undergraduate Catalog: The grade given in a course is the teacher's evaluation of the student's performance, achievement, and understanding in that subject as covered in the class. The following adjectives indicate the meaning of the letter grades: A B C D E Excellent Good Satisfactory Minimum Passing Failure Hence, the grade A means that the student's performance, achievement, and understanding were excellent in the portion of the subject covered in the class. There are prerequisites that qualify students to be admitted to the more advanced classes offered by a department. A senior has added experience, understanding, and preparation and, consequently, progresses in courses that would have been impossible when the student was a freshman. The level of performance, achievement, and understanding required to qualify for each grade that carries credit (any grade other than E, I, IE, or WE) is higher in a more advanced class than in those classes that precede it, and the student is prepared to work at this higher level.

6 Course Schedule Date Topics Assignments T Jan 6 Introduction Read the syllabus in its entirety Th Jan 8 T Jan 13 Th Jan 15 T Jan 20 Th Jan 22 Chapter 1: Formative tensions in the history of religious freedom American Gospel: God, the Founding Fathers, and the Making of a Nation American Gospel: God, the Founding Fathers, and the Making of a Nation Chapters 2 & 3: Theoretical, Religious, International Human Rights Perspectives The 21 st Century as God s Century, The Politics of Religion Law & Religion: All of Preface and Ch 1 Focus on Ch 1 Cases (see Ch 1, cont. American Gospel: Intro, Ch 1-3 American Gospel: Ch 4-6 (Finish book by this date) Law & Religion: Ch 2-3 cases (see appendix God s Century: Ch 1-2 T Jan 27 Rise of Politically Assertive Religion God s Century: Ch 3 Th Jan 29 Religion and Global Democratization God s Century: Ch 4 T Feb 3 Th Feb 5 T- Feb 10 The Global Dimensions of Religious Terrorism; Comparative Constitutional Perspectives Religious Civil Wars; Comparative Constitutional Perspectives Militants for Peace and Justice God s Century: Ch 5 Law & Religion: Ch 4 cases Reading 1 (see God s Century: Ch 6 Law & Religion: Ch 4 cases Reading 2 (see DUE: Rough draft of Research Project or Paper God s Century: Ch 7 Th Feb 12 Surviving God s Century God s Century: Ch 8 T Feb 17 Monday instruction schedule NO CLASS Th/F Feb 19/20 T Feb 24 Midterm Exam (no class) Can be taken at Testing Center anytime on 19 and 20 February. 75 minutes maximum time. Fair game on exam: all of GC, AG, and Law & Religion chapters 1-5, in-class discussion. Worth 200 points, combined essay and objective exam. Chapter 5: Freedom of religious belief and expression NO CLASS Law & Religion: Ch 5 cases (see Start reading No god but God

7 Th Feb 26 T Mar 3 Th Mar 5 Chapter 6: Limitations on religious actions and manifestations Chapter 7: Religious rights in specialized regulatory context Chapter 8: Responding to Religious Extremism Law & Religion: Ch 6 cases (see Continue reading No god but God Law & Religion: Ch 7 cases (see Continue reading No god but God Law & Religion: Ch 8 cases (see Continue reading No god but God T Mar 10 Discuss No God but God, part I Continue reading No god but God Th Mar 12 T Mar 17 Th Mar 19 T Mar 24 Th Mar 26 T Mar 31 Th Apr 2 T Apr 7 Th Apr 9 T Apr 14 Apr 21 Discuss No God but God, part II Chapter 9: Religious conflict and tensions between religious freedom and other rights Chapter 10: Religious autonomy Chapter 11: Right to association and legal personality Politics of American Religious Identity: (Mormonism and religious freedom) Politics of American Religious Identity Chapter 12: Financial relationships between religion and state Chapter 13: Education Chapter 14: Religion and public life Reflections and Conclusions The FINAL EXAM will take place in our classroom (280 SWKT) from 10 a.m.-2 p.m. Finish No god but God by this date Law & Religion: All of Ch 9 Start reading Politics of American Religious Identity Law & Religion: Ch 10 cases (see Continue reading Politics of American Religious Identity Law & Religion: Ch 11 cases (see Continue reading Politics of American Religious Identity Continue reading Politics of American Religious Identity DUE: Book Review Finish Politics of American Religious Identity by this date Law & Religion: Ch 12 cases (see Law & Religion: Ch 13 cases (see Law & Religion: Ch 14 cases (see DUE: Research Project or Paper

8 BYU Honor Code In keeping with the principles of the BYU Honor Code, students are expected to be honest in all of their academic work. Academic honesty means, most fundamentally, that any work you present as your own must in fact be your own work and not that of another. Violations of this principle may result in a failing grade in the course and additional disciplinary action by the university. Students are also expected to adhere to the Dress and Grooming Standards. Adherence demonstrates respect for yourself and others and ensures an effective learning and working environment. It is the university's expectation, and my own expectation in class, that each student will abide by all Honor Code standards. Please call the Honor Code Office at if you have questions about those standards. Preventing Sexual Discrimination and Harassment Title IX of the Education Amendments of 1972 prohibits sex discrimination against any participant in an educational program or activity that receives federal funds. The act is intended to eliminate sex discrimination in education. Title IX covers discrimination in programs, admissions, activities, and student-to-student sexual harassment. BYU's policy against sexual harassment extends not only to employees of the university, but to students as well. If you encounter unlawful sexual harassment or gender-based discrimination, please talk to your professor; contact the Equal Employment Office at or (24-hours); or contact the Honor Code Office at Students with Disabilities Brigham Young University is committed to providing a working and learning atmosphere that reasonably accommodates qualified persons with disabilities. If you have any disability which may impair your ability to complete this course successfully, please contact the Services for Students with Disabilities Office ( ). Reasonable academic accommodations are reviewed for all students who have qualified, documented disabilities. Services are coordinated with the student and instructor by the SSD Office. If you need assistance or if you feel you have been unlawfully discriminated against on the basis of disability, you may seek resolution through established grievance policy and procedures by contacting the Equal Employment Office at , D-285 ASB. Plagiarism Policy Writing submitted for credit at BYU must consist of the student's own ideas presented in sentences and paragraphs of his or her own construction. The work of other writers or speakers may be included when appropriate (as in a research paper or book review), but such material must support the student's own work (not substitute for it) and must be clearly identified by appropriate introduction and punctuation and by footnoting or other standard referencing. Librarian Information Name: Brian Champion Office: 1225 HBLL Phone Number: brian_champion@byu.edu Reference Desk Information Name: Social Sciences / Education Phone Number: Hours: M-Th: 8am-9pm; F: 8am-6pm; Sat: 10am-6pm Department Research Information E-reserve Information

9 Chapter 1 * Cantwell v. Connecticut (26-29) * Kokkinakis v. Greece (30-37) Appendix Law and Religion Casebook Readings Chapter 2 * The Church of the New Faith and the Commissioner of the Pay-roll Tax (48-52) Chapter 3 * Raihon Hudoyberganova v. Uzbekistan (88-90) * Arrowsmith v. United Kingdom (98-100) * Leyla Sahin v. Turkey ( ) Chapter 4 1st reading * Ortega Moratilla v. Spain ( ) * Mixed-Marriage Church Tax Case ( ) * Church Tax after Resignation of Church Membership Case ( ) * Everson v. Board of Education ( ) 2nd reading * Lemon v. Kurtzman ( ) * Marsh v. Chambers ( ) * Lynch v. Donnelly ( ) * Agostini v. Felton ( ) Chapter 5 * Minersville School District v. Gobitis ( ) * West Virginia State Board of Education v. Barnette ( ) * Efstratiou v. Greece ( ) * Cantwell v. Connecticut ( ) * Murdock v. Pennsylvania ( ) * Follett v. McCormick ( ) * Watchtower Bible & Tract Society of N.Y. v. Village of Stratton (172) * Larissis v. Greece ( ) * Rev. Stanislaus v. Madhya Pradesh & Others ( ) * The Pastor Green Case ( ) * Brandenburg v. Ohio ( ) * Joseph Burstyn, Inc. v. Wilson ( ) * Otto-Preminger-Institut v. Austria ( ) Chapter 6 * Sherbert v. Verner ( ) * Wisconsin v. Yoder ( ) * Employment Division, Department of Human Resources of Oregon v. Smith ( ) * City of Boerne v. P.F. Flores, Archbishop of San Antonio ( )* Jewish Liturgical Association Cha are Shalom Ve Tsedek v. France ( ) * Nolan and K v. Russia ( ) * Multani v. Commission Scolair Marguerite-Bourgeoys and Attorney General of Quebec ( ) * Prince v. President, Cape Law Society ( )

10 Chapter 7 * Larkin v. Grendel s Den, Inc. ( ) * Lighthouse Institute for Evangelism, Inc. v. City of Long Branch ( ) * St. John s United Church of Christ v. The City of Chicago ( ) * Manoussakis and Others v. Greece ( ) * St. Bartholomew s Church v. City of New York ( ) * O'Lone v. Estate of Shabazz ( ) * X v. Germany ( ) * Goldman v. Weinberger ( ) * Kalaç v. Turkey ( ) Chapter 8 * Japan: Aum Shinrikyo ( ) Chapter 9 No cases, but read the whole chapter. Chapter 10 * Watson v. Jones ( ) * Kedroff v. St. Nicholas Cathedral ( ) * Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church ( ) * Jones v. Wolf ( ) * St. Michael s Parish v. Ukraine ( ) * Serbian Eastern Orthodox Diocese for the United States of America and Canada et al. v. Milivojevich et al. ( ) * Serif v. Greece ( ) * Corporation of the Presiding Bishop v. Amos ( ) * EEOC v. Catholic University of America ( ) * German Religious Employment Cases ( ) Chapter 11 * Bahá í Case ( ) * Church of Scientology Moscow v. Russia ( ) Chapter 12 * Darby v. Sweden ( ) * Kustannus case ( ) * Yasukuni Shrine Case ( ) * Walz v. Tax Commissioner ( )* Texas Monthly v. Bullock ( ) * United States v. Lee ( ) * Religionsgemeinschaft der Zeugen Jehovas v. Austria ( ) Chapter 13 * Pierce v. Society of Sisters (496) * Board of Education v. Allen (496) * Mueller v. Allen ( ) * Witters v. Washington Department of Services for the Blind (500) * Zobrest v. Catalina Foothills School (501) * Agostini v. Felton (501) * Mitchell v. Helms (501)

11 * Zelman v. Simmons-Harris ( ) * X v. the United Kingdom ( ) * Engle v. Vitale ( ) * Wallace v. Jaffree ( ) * Santa Fe Independent School District v. Doe ( ) * Abington School District v. Schempp ( ) * Elk Grove Unified School District v. Newdow ( ) * Epperson v. Arkansas ( ) * Edwards v. Aguillard ( ) * Widmar v. Vincent ( ) * Schools v. Mergens (525) * Lamb s Chapel ( ) *Good News Club v. Milford Central School ( ) * Rosenberger v. Rector of University of Virginia ( ) * Kjeldsen, Busk Madsen and Pedersen v. Denmark ( ) * Folgerø v. Norway (530) * Hasan and Eylem Zengin v. Turkey ( ) * Kobayashi Japanese kendo case ( ) * Pillay v. MEC for Education, KwaZulu-Natal and Others ( ) Chapter 14 * McDaniel v. Paty ( ) * Harris v. McRae ( ) * Johnston v. Ireland ( ) * Case of Refah Partisi (Welfare Party) and Others v. Turkey ( ) * Van Orden v. Perry ( ) * Salazar v. Buono (585) * Pleasant Grove City, Utah v. Summum ( )