American Federalism: Christianity as the Official Religion in North Carolina

“Congress shall make no law respecting an establishment of religion, or preventing the free exercise thereof.” Congress. The writers of the First Amendment of the U.S. federal Constitution were obviously excluding the state governments. Even so, the U.S. Supreme Court has established that the amendment applies to the states as well as Congress. From Lemon v. Kurtzman (1971), the Court gave us what is known as the Lemon test. State funding for parochial schools (e.g., Catholic schools) must have a secular legislative purpose (e.g., education), neither advance nor inhibit religion in its consequences, and not foster “an excessive government entanglement with religion.” Yet the leap in claiming that the amendment bears on the states must deal with the explicit language that “Congress shall make no law.” Even so, it did not seem constitutional to many people in 1913 when the North Carolina legislature tried to make Christianity the republic's official religion. Even so, because the United States is essentially a federal empire of fifty republics, care ought to be taken when applying a one-size-fits-all approach as it does not take into account interstate political, religious, and cultural differences. Much is made of these in the European Union, but not in the United States. 

The full essay is at "Christianity as a State Religion in the U.S." 

The Ministerial Exception: A Religious Right to Discriminate

In early 2012, the U.S. Supreme Court recognized, for the first time ever, a “ministerial exception” to employment discrimination laws, saying that churches and other religious groups must be free to choose and dismiss their leaders without government interference. In his written opinion, Chief Justice Roberts wrote, “The Establishment Clause [of the First Amendment to the U.S. Constitution] prevents the government from appointing ministers, and the Free Exercise Clause prevents it from interfering with the freedom of religious groups to select their own.” The wrench in the works here concerns the matter of delimiting the exception, given the inflation in what constitutes “ministerial” in terms of tasks.

The full essay is at "The Ministerial Exception."

Free Speech in the EU: On the Judgement on John Galliano's Anti-Semitism

On March 1, 2011, Sidney Toledano, CEO of the French fashion house Christian Dior, wrote that he was dismissing its chief designer, John Galliano, after the surfacing of a video that showed "his anti-Semitic outbursts at a Paris bar." The word choice of outbursts by The New York Times is interesting, for the actual video shows him in a rather mellow, notably intoxicated, "well you know" mood. The article's writer admits that the designer had used "a slurred voice." Galliano was telling a Jewish couple that they should feel lucky that their ancestors were not killed by the Nazis because so many did not survive. He said ‘‘people like you would be dead,’’ and  ‘‘your mothers, your forefathers’’ could have all be ‘‘gassed.’’ Although applying a rational criterion to a drunk man, I wonder in what sense he meant ‘‘I love Hitler.’’ Considering that Galliano is gay and Hitler sent homosexuals to concentration camps, I suspect that Galliano was lying simply to hurt the couple in what was undoubtedly a back-and-forth in a verbal fight.  Indeed, it takes two to tangle, and the rest of us might do well to recognize the difficulty in interpreting a snipet without having observed the entire contest.

The full essay is at "Free Speech in the E.U."