Legal Spirits
Mattone Center for Law and Religion at St. John's Law
10 episodes
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monthly cadence
English language
https://lawandreligionforum.org/feed/podcast/
Episodes
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Mattone Center for Law and Religion at St. John's Law
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Photo: Becket In this Legal Spirits Short Take, Center Director Mark Movsesian discusses a new federal lawsuit challenging New York’s Medical Aid in Dying Act. Catholic healthcare providers argue that the state’s statutory regime will require them to counsel patients about medically assisted suicide, even though their religious commitments prohibit them from participating in the practice. New York has not yet responded, and important questions remain about what the law actually requires. Assuming the plaintiffs’ account is correct, Mark considers whether the counseling obligation substantially
Poetica Coffee in Brooklyn In this Legal Spirits Short Take, Mattone Center Director Mark Movsesian discusses the recent controversy involving Congressman Dan Goldman and a Brooklyn coffee shop that reportedly said it would have refused him service because of his support for Israel. Was this illegal discrimination based on religion, or a refusal of service based on politics? What does this episode reveal about public accommodations law, political disagreement, and our penchant for turning ordinary commerce into a space for ideological conflict? Listen in! The post Legal Spirits 079: A Short Ta
The Defense Department recently created a controversy by revising its list of religious affiliation codes for service members and failing to designate the LDS Church as Christian. After objections, DOD removed the Christian designation from the list altogether. In this Legal Spirits Short Take, Center Director Mark Movsesian explains how the episode reveals a deeper problem of liberalism in a religiously diverse society: government must frequently classify religion, but no classification can be completely neutral. Listen in! The post Legal Spirits 078: A Short Take on Religion in the Military
In this episode of Legal Spirits, I speak with Andrea Pin about his new book, Dignity in Judgment, and the role of human dignity in contemporary constitutional law. We explore competing understandings of dignity—a secular, autonomy-based view and a more communal conception influenced by religious traditions—and consider how courts choose between them. Along the way, we discuss why the secular view appears to dominate in practice and how judicial formation shapes the meaning of dignity in constitutional adjudication. The post Legal Spirits 077: Dignity in Judgment appeared first on LAW AND RELI
Therapist Kaley Chiles at the Supreme Court (CSPAN) In this short take, Mark Movsesian looks at the Supreme Court’s 8-1 decision this week in Chiles v. Salazar, involving a Christian therapist who challenged Colorado’s ban on so-called conversion therapy for minors. Formally, Chiles is not a free exercise case. But religion is clearly in the background—a reminder that law-and-religion controversies are often worked out through the First Amendment’s speech protections. Listen in! The post Legal Spirits 076: A Short Take on Chiles v. Salazar appeared first on LAW AND RELIGION FORUM.
Louisiana Authorities Announce the New 10 Commandments Policy (CNN) A couple of weeks ago, the en banc 5th Circuit vacated on ripeness grounds a lower court ruling that Louisiana’s law requiring placement of the 10 Commandments in public school classrooms violates the Establishment Clause. In this short take, Mattone Center Director Mark Movsesian explains what the case is all about, and the significance of the en banc court’s decision. Listen in! The post Legal Spirits 075: A Short Take on the Louisiana 10 Commandments Case appeared first on LAW AND RELIGION FORUM.
Nearly eighty years after Japan adopted constitutional provisions separating religion and the state, Japanese courts continue to grapple with a question familiar to American lawyers: how to enforce separation without severing law from history, tradition, and social practice. In this episode of Legal Spirits, Mark Movsesian speaks with Professor Eiichiro Takahata of Nihon University about the Japanese Supreme Court’s church–state jurisprudence, including its adaptation of U.S. Establishment Clause doctrine and its distinctive reliance on common-sense social understandings. The conversation offe
Cities Church (MPR News) In this episode—the first in a new series of Legal Spirits law-and-religion short takes—Mattone Center Director Mark Movsesian offers an initial assessment of the recent anti-ICE protest at Cities Church in Minnesota. He explains what is known so far, the legal issues the episode raises, and why those issues matter beyond this particular controversy. Whatever the merits of the underlying cause, he argues, intruding into a private worship service infringes a core understanding of the free exercise of religion. Listen in! The post Legal Spirits 073: A Short Take on the M
In this episode, Mattone Center Director Mark Movsesian speaks with Judge Ioannis Ktistakis of the European Court of Human Rights about his career as an advocate, scholar, and international judge, and about emerging religious-freedom challenges facing Europe. They explore the role of the European Court—which Judge Ktistakis describes as “the Constitutional Court of Europe”—and examine how it supports the protection of fundamental rights across the continent. The conversation offers U.S. lawyers and law students a rare inside look at the Court’s internal workings and its approach to sensitive q
Thomas Jefferson’s 1802 letter to the Danbury Baptists—better known for its reference to a “wall of separation” between church and state—was little remembered until Chief Justice Morrison Waite revived it in Reynolds v. United States (1879). With the help of historian George Bancroft, Waite transformed Jefferson’s passing metaphor into a constitutional principle, despite Jefferson’s limited role in drafting the First Amendment. In this episode of Legal Spirits, historians Don and Lisa Drakeman join Center Director Mark Movsesian to explore how Jefferson’s words, and even his passion for French
