Yale Law Professor: ‘American courts are tackling Islamophobia – why won’t Europeans?’

‘On both sides of the Atlantic, courts this week have addressed the relationship of Islam to the west, but with radically different approaches and outcomes. In the US, federal courts in Hawaii and Maryland have halted Donald Trump’s second attempt at a Muslim ban. Meanwhile, the European court of justice, Europe’s highest court, has upheld the right of private employers to ban Muslim women from wearing headscarves.

American and European law each embrace principles of religious neutrality and non-discrimination, but the divergent application of those laws reflects different levels of discomfort with religion generally and a demographic anxiety with Islam in particular.’

Read here the rest of this article by Muneer I Ahmad in the Guardian of 17th March 2017: https://www.theguardian.com/commentisfree/2017/mar/17/islamophobia-most-worrying-europe-not-trumps-america.

Muneer I Ahmad is Clinical Professor of Law at Yale Law School and co-director of the Worker & Immigrant Rights Advocacy Clinic, which was co-counsel on the first case to challenge the original Muslim Ban.

My forthcoming book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge) is comparative, among other things, in the sense that it sometimes points towards differences and similarities between Europe and North America, be it not in a systematic manner. As such, it notes that in Europe respect for the fundamental right of freedom of religion or belief appears to have been eroding for quite some time, certainly in some of the courts.

This is the tenth post in a new series introducing this book.

For the first nine posts, please see:

Waarom de PVV niet het initiatief in de kabinetsformatie moet krijgen

New Book: ‘The Benedict Option: A Strategy for Christians in a Post-Christian Nation’ (2017)

R.R. Reno on ‘Islam and America’

Michael Wear’s Reclaiming Hope (2017): ‘Learn How the Seeds of the Trump Presidency Were Sown in the Obama White House’

Major New Report by the National Secular Society: Rethinking Religion and Belief in Public Life

Symposium on Christian Democracy and America: ‘Can Christian Democracy Be America’s Next European Import?’

Journalist Ben Judah, Author of This is London (2016): ‘I Found Faith Everywhere’

The Washington Post on Why Religious Freedom Could Become the Major Religion Story of 2017

Book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge) now available for pre-order

R.R. Reno on ‘Islam and America’

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In a preview of The Public Square, forthcoming in the March issue of First Things, editor R.R. Reno refers to an argument by Sherman Jackson. Dr. Jackson is the King Faisal Chair of Islamic Thought and Culture, and Professor of Religion and American Studies and Ethnicity at the University of Southern California (USC).

‘In his 2005 book, Islam and the Blackamerican, ­Jackson makes a case for Muslim endorsement of the American political system and its “liberal-pluralist vision.” (…) Needless to say, Islam is opposed to liberal pluralism as obligatory cultural ideal—as are orthodox Christianity and Judaism. But liberal pluralism can refer to something more modest, a political system and civic tradition that recognize the limits of law and accord room for dissent and deviance. (…)

Sherman Jackson is an influential voice in the Muslim American community, and his endorsement of liberal-­pluralist constitutionalism resists Islamic extremism that poses as religious integrity and helps Muslims in the United States to affirm our way of life, which their natural sympathies incline them to do. Which is why I do not regard Islam as a “problem” in the United States.’

See for the full article: https://www.firstthings.com/web-exclusives/2017/02/islam-and-america.

My forthcoming book points to liberal pluralism as a plausible model to manage diversity in a postsecular society. It also raises the question in this context, if and to what extent Christian pluralist theory differs from liberal pluralism in a practical sense, although differences remain at the theoretical level. What is more, although grounded at least in part in Christian theology, liberal pluralism is in a sense also remarkably similar to constitutional lawyer Asifa Quraishi-Landes’s account of Islamic constitutionalism inspired by classical, premodern, Islamic regimes.

This is the seventh post in a new series introducing my forthcoming book on Constitutionalism, Democracy and Religious Freedom. To be Fully Human (Routledge, 2017).

For the first six posts, please see:

Michael Wear’s Reclaiming Hope (2017): ‘Learn How the Seeds of the Trump Presidency Were Sown in the Obama White House’

Major New Report by the National Secular Society: Rethinking Religion and Belief in Public Life

Symposium on Christian Democracy and America: ‘Can Christian Democracy Be America’s Next European Import?’

Journalist Ben Judah, Author of This is London (2016): ‘I Found Faith Everywhere’

The Washington Post on Why Religious Freedom Could Become the Major Religion Story of 2017

Book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge) now available for pre-order

Michael Wear’s Reclaiming Hope (2017): ‘Learn How the Seeds of the Trump Presidency Were Sown in the Obama White House’

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‘In this unvarnished account of faith inside the world’s most powerful office, Michael Wear provides unprecedented insight into the highs and lows of working as a Christian in government. Reclaiming Hope is an insider’s view of the most controversial episodes of the Obama administration, from the president’s change of position on gay marriage and the transformation of religious freedom into a partisan idea, to the administration’s failure to find common ground on abortion and the bitter controversy over who would give the benediction at the 2012 inauguration.’

Source: https://www.amazon.com/Reclaiming-Hope-Lessons-Learned-America/dp/071808232X/ref=tmm_hrd_swatch_0?_encoding=UTF8&qid=&sr=.

See for more information on both author and book: http://michaelwear.com.

In my forthcoming book, I write:

The thing that without doubt has struck me most during my fellowship is how relatively fast and comprehensively the right to freedom of religion or belief has indeed already come under pressure across the West, at least in theory. It is difficult to give a single and clear-cut explanation for this. One important factor is without doubt the political polarisation that has come to be associated with religious freedom. Thus, Democrats blame Republicans for claiming a near-monopoly with respect to the right to freedom of religion or belief, thereby interpreting it in a conservative manner when it comes to topics such as same-sex marriage. On their part, as they themselves would be the first to admit, the Obama administration has not always dealt in a sensitive manner with issues regarding the inclusion of abortion and anticonception in the healthcare legislation it has introduced.

This is the sixth post in a new series introducing my forthcoming book on Constitutionalism, Democracy and Religious Freedom. To be Fully Human (Routledge, 2017).

For the first five posts, please see:

Major New Report by the National Secular Society: Rethinking Religion and Belief in Public Life

Symposium on Christian Democracy and America: ‘Can Christian Democracy Be America’s Next European Import?’

Journalist Ben Judah, Author of This is London (2016): ‘I Found Faith Everywhere’

The Washington Post on Why Religious Freedom Could Become the Major Religion Story of 2017

Book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge) now available for pre-order

 

 

Upcoming Speaking Engagement: The Cardiff Festival of Law and Religion 2016

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‘Registration is now open for the Cardiff Festival of Law and Religion on May 5th and 6th at Cardiff University. This celebrates the twenty-fifth anniversary of the LLM in Canon Law at Cardiff University, the first degree of its type in a British University since the Reformation.

A number of events are being held to reflect upon how the study of Law and Religion has developed over the last twenty-five years and the likely future trajectory. This includes the 2016 Law and Religion Scholars Network (LARSN) Conference, a keynote address by Professor David Little, a celebratory dinner and the launch of F Cranmer, M Hill, C Kenny and R Sandberg (ed) The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe (Cambridge University Press, 2016).’

The paper I will be presenting is entitled: ‘The “New Critics of Religious Freedom” and the Inspiration they Unintentionally Provide’:

The ‘New Critics of Religious Freedom’ have become increasingly vocal of late. The first part of the proposed paper will summarise their main criticisms, some of which contain a considerable amount of truth, such as that the right to freedom of religion or belief has historically been heavily influenced by Christianity in general and Protestantism in particular.

The second part of the paper will argue that at first sight there also appears to be one major downside to the criticisms. As it turns out to be hardly possible to isolate the right to freedom of religion or belief from the general idea of a democratic constitutional state, what the critics are really questioning is the current state of Western liberal democracy as a whole.

The third part of the paper will propose that the reason for this close connection between religious freedom and the democratic constitutional state lies in the fact that the latter has clearly been influenced by Christianity as well. Still, the new critics of religious freedom may on closer inspection also serve as a source of inspiration for a necessary, theologically driven reform of the central tenets of liberal democracy as it has developed in recent decades.

For the full program of the Festival, see: http://www.law.cf.ac.uk/clr/networks/The%20Cardiff%20Festival%20for%20Law%20and%20Religion%20Full%20Programme.pdf.

For registration, and other information, see: http://www.law.cf.ac.uk/clr/.