Cardozo law professor Marci Hamilton describes how the conservative Christian agenda is steadily making its way into law, first through the federal RFRA, and then subsequently in other ways.
Cardozo law professor Marci Hamilton discusses the dangers not only of the recently passed Indiana Religious Freedom Restoration Act (RFRA), but also the even more extreme Arkansas RFRA that just passed in that state.
Cardozo Law professor Marci Hamilton discusses the danger of state RFRAs, particularly in light of Indiana’s recent passage of such a law. Hamilton cautions that such laws pose a serious threat to society and despite their name, do not “restore” nothing previously in laws.
Cardozo law professor Marci Hamilton discusses the recent unanimous decision by the U.S. Court of Appeals for the Seventh Circuit holding that the Milwaukee Archdiocese is subject to the facially neutral bankruptcy laws against fraud during proceedings, despite its claims, based on free exercise arguments, to the contrary.
Cardozo law professor Marci Hamilton discusses the recent push by certain organizations to increase their political spending while remaining anonymous.
Cardozo law professor Marci Hamilton comments on the religious exemption regime in place in Idaho and critiques it for putting children at serious risk of harm.
Cardozo law professor Marci Hamilton calls upon state legislators to repeal the laws that permit parents to refuse to vaccinate their children to the children’s detriment as well as to the detriment of the public.
Cardozo law professor Marci Hamilton discusses the U.S. Supreme Court’s decision in Holt v. Hobbs, holding that the Arkansas prison system’s beard-length requirements violate the federal Religious Land Use and Institutionalized Persons Act.
Cardozo law professor Marci Hamilton explains how the “religious liberty” supported by conservative Republicans is thinly veiled discrimination against the LGBTQ community and women.
Cardozo law professor Marci Hamilton reviews 2014 in terms of the developments (both forward and backward) in child protection issues. Hamilton concludes that while there are some good reasons to celebrate 2014, we should not slow down the fight for child protection in 2015.
Cardozo law professor Marci Hamilton comments on the ways the Internet has helped promote transparency and correct misinformation, particularly in religious organizations.
Cardozo Law professor Marci Hamilton explains how extreme religious liberty undermines the ability of the government to quarantine individuals with Ebola or other highly infectious diseases.
Cardozo law professor Marci Hamilton describes and praises Washington State’s solution to nullify the discriminatory effect of the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc..
Cardozo Law professor Marci Hamilton discusses the implications of a child (Malala Yousafzai) and an advocate of child protection (Kailash Satyarthi) winning the Nobel Peace Prize this year.
Cardozo Law professor Marci Hamilton discusses a case for which the U.S. Supreme Court will hear arguments next week, in which a Muslim inmate in an Arkansas prison is arguing for the right under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to have a beard, despite the prison’s rule prohibiting beards.
Cardozo Law professor Marci Hamilton argues that the Islamic State is, in fact, a religion, despite how President Obama characterized it in his recent address to the nation. Hamilton calls upon the President to speak out against all actors who, in the name of their religion, commit crimes or terrorism.
Cardozo law professor Marci Hamilton describes how granting accommodations under the Religious Freedom Restoration Act (RFRA) is a slippery slope. Hamilton draws upon a recent decision from the U.S. Court of Appeals for the Fifth Circuit for illustration.
Cardozo law professor Marci Hamilton discusses an archaic Orthodox Jewish practice that persists despite putting infants at risk of death or permanent injury. Hamilton describes a recent decision by the U.S. Court of Appeals for the Second Circuit holding that strict scrutiny applies to the New York City regulation requiring that rabbis receive informed consent from an infant’s parents before performing the dangerous ritual. Hamilton explains why, in her view, the Second Circuit erred in reaching that decision, and moreover, why current criminal laws should be used to protect children from being exposed to the risk.
Cardozo Law professor Marci Hamilton comments on a recent move by the Satanic Temple seeking exemption from coercive informed consent laws citing the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. Hamilton describes the Catholic bishops’ apprehension toward the Religious Freedom Restoration Act (RFRA) when it was being considered over twenty years ago and how quickly they got behind it after it passed. Finally, Hamilton describes how clear it is now that RFRA cuts both ways.
Cardozo Law professor Marci Hamilton comments on a recent statement by the Wisconsin Insurance Commissioner that purportedly applies the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. to that state’s law. Hamilton critiques the interpretation as misunderstanding the federal Religious Freedom Restoration Act (RFRA) and calls upon state courts not only to correctly understand the scope of the Hobby Lobby decision, but to reject the Hobby Lobby majority’s reasoning when interpreting their own state’s laws.