Religious Freedom and Native Sovereignty -- Protecting Native Religions through Tribal, Federal, and State Law: Panel Discussion

Abstract The article provides an overview of anti-covid-19 measures in Germany, especially in Bavaria. Public worship services were banned for seven weeks, but have been permitted again since the 4th of May, 2020, under safeguards. By comparing state law and Catholic canon law, the article investigates whether church norms merely “react” to state norms or are independent of them. Do they correspond to them or even go beyond them in their content? The article also examines whether state orders violate religious freedom. To this end, the relevant case law in Germany is analyzed. Since church and state have coordinated their actions, believers find it more difficult to exercise religious freedom.

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The II International Civil Congress on Comparative Studies: Review

Lex Russica ◽

10.17803/1729-5920.2021.170.1.157-163 ◽

2021 ◽

pp. 157-163

Author(s):

E. A. Morgunova

Keyword(s):

Comparative Studies ◽

Publishing House ◽

Panel Discussion ◽

Civil Law ◽

The United States ◽

World Intellectual Property Organization ◽

State Law ◽

The Republic ◽

Administrative Proceedings

The review covers The II International Civil Congress on Comparative Studies (Mozolinskie Readings) "The Role of Man in Civil Law", dedicated to the 90th anniversary of Kutafin Moscow State Law University (MSLA) held online on December 4-5, 2020. The Congress was organized by the Department of Civil Law of Kutafin Moscow State Law University (MSAL), the Scientific and Educational Center of Private Law of Kutafin Moscow State Law University (MSAL), the Statute Publishing house, the Russian Arbitration Center at the Russian Institute of Modern Arbitration, the Institute of International Relations and Socio-Political Sciences of Maurice Thorez Moscow State Linguistic University (The Maurice Thorez Institute of Foreign Languages). The Congress was organized with the participation of the Department of Civil and Administrative Proceedings and the Department of History of State and Law of Kutafin Moscow State Law University (MSLA).The Congress was attended by Russian and foreign scientists from Austria, Armenia, the Republic of Belarus, Italy, China, Latvia, Poland and the United States, as well as a representative of the world intellectual property organization. The total number of participants of the Congress was more than 600 people.On the first day of the Congress, a plenary session and a panel discussion "The Role of an and the Role of IT in Judicial Protection" were held. On the second day, master classes for young scientists, a platform for presentations by young post-graduate scientists and creative workshops for students were organized with moderation by leading scientists on the topic of the creative workshop. The sponsor of the creative workshops was the "ConsultantPlus" company.

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What Business do Businesses Have with the Free Exercise of Religion?

Politics and Religion ◽

10.1017/s1755048318000524 ◽

2018 ◽

Vol 12 (1) ◽

pp. 171-194 ◽

Cited By ~ 2

Author(s):

Judith Lynn Failer

Keyword(s):

Sexual Orientation ◽

Religious Freedom ◽

State Law ◽

Same Sex ◽

Free Exercise ◽

Private Citizens ◽

Bed And Breakfast ◽

Free Exercise Of Religion ◽

The Right ◽

Hobby Lobby

AbstractSince Burwell v. Hobby Lobby (2014), federal and state religious freedom restoration acts now extend the right to free exercise of religion to businesses. But what does it mean for businesses to have such a right? In this paper, I identify three implications of these new rights: they shift the burden for fulfilling the right to private citizens, and they conflict with businesses’ both commercial and democratic obligations. To illustrate how they become problematic, I draw on the case of In re Wathen (2015) where the owners of a bed and breakfast cited their business's religion as their reason for refusing to host a wedding reception for a same-sex couple, even though state law specifically prohibited commercial businesses from discriminating based on sexual orientation.

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Die Entwicklung des Verhältnisses des Bahá’í-Rechts zum säkularen deutschen Recht

Zeitschrift für Religions- und Geistesgeschichte ◽

10.1163/15700739-07203005 ◽

2020 ◽

Vol 72 (3) ◽

pp. 286-310

Author(s):

Emanuel V. Towfigh

Keyword(s):

Religious Freedom ◽

German Law ◽

Legal Framework ◽

State Law ◽

Religious Traditions ◽

Christian Churches ◽

Religious Law ◽

The One ◽

German Constitutional Law ◽

The Relationship

Bahá’í law differentiates between a secular and a sacred legal sphere, intertwining both by positing a religious duty for its adherents to abide by secular (state) law. In Germany, it encounters a secular legal framework that aims at something similar – creating an equilibrium between state law and religious law by establishing the principle of the division of State and Religion, while at the same time facilitating religious freedom; it provides a secular justification for the recognition of religious law. With this, both orders provide mechanisms ensuring that state law and religious law are able to enforce their own claim of validity, while at the same time avoiding conflicts between the respective legal orders. The article argues that this unique interaction between Bahá’í law and the German constitutional law framework impacted both legal orders. For German law, on the one hand, it proved to be crucial for the development and opening of this legal field – whose original purpose was the regulation of the relationship between the state and the (two) Christian churches – for other religious traditions. The interaction with state law has impacted the Bahá’í Community of Germany, on the other hand, by catalyzing a number of developments that in other comparative law contexts have been dubbed “constitutionalization” effects.

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Dialogue Model For Resolving Freedom of Religion Conflict

SHS Web of Conferences ◽

10.1051/shsconf/20185404006 ◽

2018 ◽

Vol 54 ◽

pp. 04006

Author(s):

Rini Fidiyani ◽

Erni Wulandari

Keyword(s):

Religious Freedom ◽

Qualitative Method ◽

The State ◽

Freedom Of Religion ◽

Research Use ◽

State Law ◽

Place Management ◽

Dialogue Model ◽

Religious People ◽

Formal Institution

Indonesian People, a multicultural citizen with Bhinneka Tunggal Ika as their motto. According to the constitution, the country guaranteed freedom of religion. As data found, the actor of violating freedom of religion is state individuals and the group of people. The state has provided state law instrument along with formal institution as the facilitator for resolving the freedom of religion conflict namely Religious Harmony Forum. In 2015, SETARA Institute recorded 196 religious freedom violation incidents with 236 form of action spread all around Indonesia.The mapping of religious freedom conflict covering the establishment of worship place, worship activity, and worship place management. The aim of this paper is to evaluating and founding appropriate dialogue model that suitable to the context and conflict need befell religious people or flow of beliefs. This research use qualitative method and socio legal approach that emphasize on empiric law antropologically. In the practice of the religious freedom, the dialogue model needs a certain and appropriate model that suitable for parties in conflict, conflict cause, and conflict location. During the time of religious freedom, conflict need a drag on thought energy and time. Therefore, dialogue model for overcoming freedom of religion conflict is not simple.

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Issues in the Implementation of the American Indian Religious Freedom Act: Panel Discussion

Wicazo Sa Review ◽

10.1353/wic.2004.0017 ◽

2004 ◽

Vol 19 (2) ◽

pp. 153-167

Author(s):

Walter R. Echo-Hawk ◽

Lenny Foster ◽

Alan Parker ◽

Wallace Coffey

Keyword(s):

American Indian ◽

Religious Freedom ◽

Panel Discussion

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Law

10.1093/oxfordhb/9780198729570.013.27 ◽

2017 ◽

Author(s):

Benjamin Schonthal

Keyword(s):

Religious Freedom ◽

Religious History ◽

Legal Institutions ◽

State Law ◽

State Laws ◽

Religious Traditions ◽

Religious Law ◽

History Of ◽

The Creation ◽

The Law

This chapter examines some of the different considerations that one should bring to examining religion in contexts of state-legal institutions. It considers the complex political histories and motivations that inform the creation and interpretation of laws governing religion, including the laws protecting religious freedom. It argues that it is helpful to think of the law–religion nexus in terms of four aspects: the links between state law and religious law; the religious history of state laws; the religious presuppositions inherent in state law; and the politics associated with creating and litigating laws concerning religion. It also explores how legal and religious traditions adapt and respond to each other: religious traditions alter themselves to conform to the categories of state law, while judges and legislators periodically alter parameters of what counts as religion.

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