Journal of Law & Religion Vol. 38(1) With Links to Articles

 

 

Passing this along to those interested from Silas W. Allard, Managing Editor, Journal of Law and Religion:

As JLR co-editor Linda McClain makes clear in her editorial for this issue, “[i]n the by-now familiar framing ‘religious freedom versus LGBT+ rights,’ perhaps the most visible conflicts today in the United States, and elsewhere, concern the ‘T’—transgender or gender identity rights” (McClain, 1). This issue of JLR features a conversation on the issue between several scholars. The conversation begins with Patrick Parkinson’s article “Gender Identity Discrimination and Religious Freedom,” in which Parkinson argues for a limited religious freedom exception to laws protecting transgender persons from discrimination. In response, Laura Portuondo and Claudia Haupt question whether the premises of Parkinson’s argument sufficiently support the conclusion, or whether some other normative assumption must underlie the privileging of religious freedom over antidiscrimination. In his response, Shannon Gilreath argues that the argument for religious exceptions to antidiscrimination protections for transgender persons reproduces biological superiority and domination on the basis of sex, undermining the very purpose of antidiscrimination law. And, as noted above, Linda McClain also engages this conversation in her editorial for the issue. In addition to this important conversation, the issue also features two new research articles. Maria Doerfler explores the uses of history in amicus curiae briefs written for the U.S. Supreme Court by the U.S. Conference of Catholic Bishops. Róisín Áine Costello and Sahar Ahmed offer a new critique of European veil bans using article 8—the right to private life—of the European Convention on Human Rights. And the issue features a review symposium on the trailblazing law and religion work of John Witte Jr., featuring essays on Witte’s recent books and broader scholarship from Michael Welker, Ian Leigh, Nathan Chapman, David Little, and Rafael Domingo. The issue closes with reviews of new books by R. H. Helmholz, Michael Broyde and Shlomo Pill, David Opderbeck, and Richard Hiers. Enjoy the new issue and, as always, you can find the latest articles, essays, and book reviews on our FirstView page.  Links to articles follow.

Linkd

 

Editorial   'Do Not Ever Refer to My Lord Jesus Christ with Pronouns': Considering Controversies over Religiously Motivated Discrimination on the Basis of Gender Identity Linda C. McClain

Research Articles Bishops and Friends: History and Legal Interpretation in Recent Amicus Curiae Briefs before the Supreme Court Maria E. Doerfler Citizenship, Identity, and Veiling: Interrogating the Limits of Article 8 of the European Convention on Human Rights in Cases Involving the Religious Dress of Muslim Women Róisín Áine Costello and Sahar Ahmed   Gender Identity Discrimination and Religious Freedom Patrick Parkinson

Responses to Parkinson   The Limits of Defining Identity in Religion-Gender Conflicts: A Response to Patrick Parkinson Laura Portuondo and Claudia E. Haupt Gender Inequality and Biological Supremacy: A Sex Equality Analysis of Patrick Parkinson’s “Neutral” Proposal Shannon Gilreath

Book Review Symposium ___________________ John Witte, Jr.: The Past, Present and Future of a Law and Religion Trailblazer

A Magnum Opus
Michael Welker

Religious Liberty and Human Rights: Their Origin, Their Development in the Anglo-American Legal Tradition, and Why They Are Still Needed
Ian Leigh

American Religious Liberty without (Much) Theory
Nathan S. Chapman

Religion and the Justification of Rights
David Little

The Spirit of Christianity and Law
Rafael Domingo