Search for: "Mark Movsesian"
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7 Dec 2022, 1:24 pm
[Reviewing "The Church of Saint Thomas Paine"] Positivism seems to be having a bit of a moment. To give just one example, last month, COMPACT ran a very interesting essay on Comte's "Religion of Humanity," a nineteenth-century version of a post-Christian faith, complete with priests, a calendar, and rituals, that substituted science for God. The Religion of Humanity failed to take off, but plenty of people seem to think that a new version, a Silicon Valley inspired… [read post]
21 Jan 2022, 1:48 pm
[The Court agrees to hear an important First Amendment case] Last week, the Supreme Court granted cert in Kennedy v. Bremerton School District, the case of the high school football coach who wants to pray publicly on the field after games. The school district told him not to do so, at least in the presence of students, and, when he continued, refused to renew his contract. The coach argues that the school district has violated his First Amendment free speech and free exercise rights. This is the… [read post]
28 Mar 2022, 5:24 pm
[Justice Kavanaugh argues for historical practice as a check on judicial intuition] A quick note on a very interesting Supreme Court opinion last week in the religious liberty context, Ramirez v. Collier. The Court awarded a prisoner on death row a preliminary injunction against his execution because the state refused to allow the prisoner to have his pastor pray and lay hands on him in the execution chamber. The Court held that the prisoner would likely succeed in showing that the state's… [read post]
27 Jan 2026, 8:49 am
[On the anti-ICE protest at Cities Church in Minnesota] During a recent Sunday worship service at Cities Church, a Southern Baptist congregation in the Minneapolis–St. Paul area, protesters entered the sanctuary and interrupted the service, chanting slogans related to immigration enforcement and ICE. The incident was captured on video, including the church's livestream. Church leaders and congregants later described the intrusion as frightening and deeply disruptive. Given the early stage… [read post]
17 Dec 2018, 4:05 am
From SSRN:Mark Movsesian, Masterpiece Cakeshop and the Future of Religious Freedom, (Harvard Journal [read post]
21 Jan 2024, 11:56 am
[A bill would require fast-food restaurants on the state highway to open seven days a week] I've never been to a Chick-fil-A. But people love the place. In fact, according to surveys, Chick-fil-A is the most popular fast-food restaurant in America, and has been for a long time. But the company has irritated progressives over the years because of its owners' Baptist convictions, including their once vocal opposition to same-sex marriage. New York Mayor Bill DeBlasio at one point urged city… [read post]
30 May 2022, 12:42 pm
[A review of Mchangama's "Free Speech"] Most people have at least some family and friends with whom they disagree about religion, politics, and other neuralgic topics. We maintain relationships with these people because some commonality encourages us to look past our disagreements with them--because we have some basis for trusting them and their good will towards us, notwithstanding our differences. We may even engage now and then with these friends and family in a reasonably civil… [read post]
24 May 2023, 2:21 pm
[Hamlet without the prince? ] By law, the US Department of Education must issue periodic guidance to state and local authorities on the constitutionality of prayer in public elementary and secondary schools. Earlier this month, the Biden administration issued updated guidelines "in order to provide information on the current state of the law." It's a good bet that the new guidelines are meant to respond to the Supreme Court's decision last term in Kennedy v. Bremerton School… [read post]
18 Dec 2023, 5:24 pm
[Speaker Mike Johnson was both right and wrong] Last month, House Speaker Mike Johnson caused a stir by stating in an interview that "the separation of church and state is a misnomer." Johnson was responding to a skeptical interviewer on CNBC who asked whether it was appropriate for Johnson to be seen praying on the House floor. In response, Johnson said the following: The Founders wanted a vibrant expression of faith in the public square because they believed that a general moral… [read post]
20 Jan 2026, 8:46 am
[Balancing free expression and the dignity of religious believers in Europe.] One of the most difficult areas in church–state law involves the conflict between freedom of speech and freedom of religion. In the United States, at least at the level of basic principle, that conflict has been largely resolved for decades. Ever since Cantwell v. Connecticut, we have accepted that people don't have a right to be free from criticism—or even offense—directed at their religious… [read post]
8 Nov 2011, 12:43 pm
Please email the Colloquium’s co-organizers, Marc DeGirolami (degirolm@stjohns.edu) or Mark [read post]
27 Jun 2024, 1:04 pm
[St. Isidore Catholic School is caught in a legal dilemma] I know that everyone's following SCOTUS in this final week of the term, but I'd like to offer some quick thoughts about an important church-and-state decision a couple of days ago in Oklahoma. In Drummond v. Oklahoma Statewide Virtual Charter School Board, the Oklahoma Supreme Court ruled 6-2 that the state had violated state and federal law by contracting with a Catholic school to operate a charter school. Although I favor… [read post]
2 Apr 2012, 4:00 am
Introduction by Mark L. Movsesian; articles by Steven D. [read post]
5 Jul 2023, 2:11 pm
[Not blockbusters, maybe, but important cases nonetheless] The just-completed SCOTUS term hardly matches the last one in terms of blockbuster church-and-state decisions. The justices did issue a couple of important rulings, though, one of which suggests they may be rethinking an important element of their anti-discrimination jurisprudence. The first case is Groff v. DeJoy, which concerns the meaning of a phrase in Title VII, the federal law that prohibits employment discrimination based, among other… [read post]
30 Aug 2024, 11:30 am
[Overzealous school administrators should think about students' privacy rights] Last month, at the end of a three-year saga, the U.S. Department of Education ruled on a complaint that New Jersey parents had filed against the Cedar Grove School District. The conflict is interesting for what it suggests about overreaching school administrators and about the capacity of persistent parents who believe their kids' rights have been violated to get things done. Back in 2021, without giving… [read post]
22 Aug 2024, 1:15 pm
Here's an excerpt: This year marks the 60th anniversary of perhaps the greatest political film of [read post]
3 Mar 2014, 4:05 am
The Mature Minor Doctrine, Religious Exemptions, and a Look into Louisiana Law, (December 1, 2013).Mark [read post]
15 Dec 2021, 11:49 am
[Are the justices exercising the passive virtues? ] This week, by a vote of 6-3, the Supreme Court declined to grant a preliminary injunction against a New York measure that mandates Covid vaccines for health care workers. The plaintiffs argue that the measure, which does not allow religious exemptions, violates their First Amendment rights, and argued they would suffer irreparable harm if the measure were enforced while the case is pending. The case now returns to the Second Circuit, which will… [read post]
15 May 2025, 6:46 am
[My small addition to the catalogue of Justice Souter's courtesies] Adding to Mark Movsesian' [read post]
3 Jun 2019, 2:58 am
against believers; and speech that insults or denigrates believers on the basis of religion” [Mark [read post]
