Feminist Philosophers

News feminist philosophers can use

Clarifying Indiana’s RFRA: No, It’s Not the Same as Others March 31, 2015

Filed under: gender,glbt,law,politics,religion — philodaria @ 3:15 am

There have been some articles floating around about Indiana’s Religious Freedom Restoration Act that are highly misleading (as well as misleading comments on the matter from Governor Pence)—e.g., there’s an article in the Washington Post which points out that several other states have their own RFRA statutes, and there’s a federal RFRA as well. This is true, but it does not follow from the fact that two laws have the same name, or even that they share some language in common, that they are in fact similar. Indiana’s law is staggeringly different.

First, some background; In 1990, SCOTUS issued a landmark decision in Employment Division v. Smith, determining that the free-exercise provision of the first amendment does not provide religious exemption from laws of general applicability. Smith and Black were members of the Native American Church and had been fired from their jobs for having ingested peyote during a religious ceremony—they argued that they should be entitled to unemployment benefits as their having ingested peyote during a religious ceremony should be protected under the First Amendment, but the court determined it was not (effectively, nearly eliminating the Sherbert Test in the process). In 1993, Congress passed the Religious Freedom Restoration Act in order to reinstitute protections from religious discrimination which result from such (apparently) religiously-neutral laws (that is, prohibitions on drug-use may be religiously neutral, and yet have discriminatory differential effects nonetheless, as was apparent in Smith).

In 1997, SCOTUS decided City of Boerne v. Flores determining that Congress had exceeded its power in extending RFRA beyond the federal government to states, and so, many states began passing their own RFRA legislation in response to bridge that gap once more. Indiana’s law is the latest, but, again, that does not mean it’s the same as others by the same name. There are extremely important—and disconcerting— differences.

One significant difference is how the Indiana RFRA defines religious exercise. Section five reads, “As used in this chapter, ‘exercise of religion’ includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” This is in stark contrast to how religious exercise is understood under federal law, where the exercise in question must be the result of a belief which is religious in nature (general understood as part of comprehensive doctrine dealing with issues of ‘ultimate concern’ or something similar) and sincerely held. Though sincerity is (sometimes, but) rarely questioned in religious freedom claims (by the court or by other litigating parties), the more narrow understanding of religious exercise prevents abuse of the law and pre-textual claims to religious belief.

Another significant difference is that in Indiana, unlike e.g., Illinois, there are no protections from discrimination based on sexual orientation or gender identity under state law. Some individual cities in Indiana do have such protections by way of city ordinances, but state law pre-empts local law when the two conflict. Since the law has not gone into effect yet, and consequently has not yet been tested, it is unclear whether the state courts would determine that protection from discrimination on the basis of sexual orientation constitutes a “compelling interest” of the government (or, depending on the case, what the ‘least restrictive means’ of achieving it would be), but, the lack of protection in state law means at the very least that it will be unclear to those who would claim such discrimination is religious exercise whether or not the law allows it (and some folks have already interpreted it to mean that it does). Potentially, the lack of such protections — and Pence’s refusal to institute them — could mean that it will be more difficult to demonstrate that preventing discrimination on the basis of sexual orientation is a compelling state interest.

Further, Indiana’s RFRA explicitly extends the notion of personhood for the purposes of religious exercise very broadly—perhaps unsurprising in the wake of Burwell v. Hobby Lobby, but, still troubling, especially when we consider the context of its definition of ‘religious exercise’: “As used in this chapter, ‘person’ includes the following: (1) An individual. (2) An organization, a religious society, a church, a body of communicants, or a group organized and operated primarily for religious purposes. (3) A partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association, or another entity that: (A) may sue and be sued; and (B) exercises practices that are compelled or limited by a system of religious belief held by: (i) an individual; or (ii) the individuals; who have control and substantial ownership of the entity, regardless of whether the entity is organized and operated for profit or nonprofit purposes.”

There are other differences between Indiana’s recently passed RFRA and those that are in place elsewhere, but you get the point. This is not your ordinary RFRA, and the difference is dreadful.

UPDATE: I didn’t see this until after I hit post, but one Indiana lawmaker certainly appears to think that preventing discrimination on the basis on sexual orientation is not a compelling interest (but he also seems confused about the law in other ways).

 

Philosopher Christia Mercer discusses Obama’s comments on Christianity February 8, 2015

Filed under: politics,religion — jennysaul @ 10:09 am

A lot of valuable historical context.

Obama’s comments about Christianity were much more reserved than they could have been. In the winter of 2015, we should not lose sight of the vast and gruesome horrors rendered in the name of the Christian God following 1615. Arrogance reigned, anxiety soared and the people of Europe died in huge bloody numbers. The source of terrorist acts in our era is not Islam any more than Christianity was the cause of the thousands upon thousands who died in the Thirty Years War. The source of such religiously motivated violence is a volatile mixture of intolerance, ignorance, fear, economic disadvantage, and political machinations. The president’s comparison between Islam and Christianity is important: any religion can be used to promote crimes against humanity.

 

Islamophobic ads vs. Ms. Marvel January 27, 2015

Filed under: advertising,political protests,politics,religion — noetika @ 12:13 am

A while back the Freedom Defense Initiative started taking out Islamophobic ads on buses around San Francisco (the original ads are not pictured; they are offensive enough I didn’t think it was worth it). Turns out, a vigilante (presumably, without super powers) has found a way to improve them — the ads are being defaced with new wording, and images of Kamala Khan, who is both the latest woman in the Marvel universe to take on the title of Ms. Marvel and Marvel’s first Muslim headlining character.  Via Toybox at io9.

Ms. Marvel bus ad

 

The Pope on the complementarity of man and woman – or how times aren’t really a’ changing, November 20, 2014

Filed under: religion — axiothea @ 6:13 am

From a status update by Mary Anne Case:

Mere weeks after its Synod on the Family, the Vatican is sponsoring, through the Congregation for the Doctrine of the Faith, a much less publicized International Interreligious Colloquium on The Complementarity of Man and Woman, whose speakers include an international cast of culture warriors from Rick Warren to Nazir Ali, as well as high level Mormon, Sikh, Islamic and rabbinical representatives and a Daoist proponent of Yin and Yang. On the good news front, Pope Francis opened the meeting by acknowledging that “You must admit that “complementarity” does not roll lightly off the tongue!” and “When we speak of complementarity between man and woman in this context, let us not confuse that term with the simplistic idea that all the roles and relations of the two sexes are fixed in a single, static pattern.” But, as I watch the vapid videos (with clips from the Manif pour Tous) and listen to the speeches, the bad outweighs the good.  

The program and speakers – which include Prudence Allen, author of The Concept of Woman – are available here.

And here is a transcript of the Pope’s opening speech.

 

At last a really big blow to creationism October 28, 2014

Filed under: critical thinking,religion — annejjacobson @ 8:25 pm

From the Pope

The theories of evolution and the Big Bang are real and God is not “a magician with a magic wand”, Pope Francis has declared.

Speaking at the Pontifical Academy of Sciences, the Pope made comments which experts said put an end to the “pseudo theories” of creationism and intelligent design that some argue were encouraged by his predecessor, Benedict XVI.

Francis explained that both scientific theories were not incompatible with the existence of a creator – arguing instead that they “require it”.

“When we read about Creation in Genesis, we run the risk of imagining God was a magician, with a magic wand able to do everything. But that is not so,” Francis said.

He added: “He created human beings and let them develop according to the internal laws that he gave to each one so they would reach their fulfilment.

Thanks to Montchiloff and kukla on Facebook.

 

Notre Dame appeals to SCOTUS over ACA October 8, 2014

Filed under: gender,gender inequality,health,law,politics,religion,reproductive rights — philodaria @ 5:04 am

The University of Notre Dame has appealed to the Supreme Court, requesting that it require the lower courts reconsider its case against the HHS mandate in the light of the Hobby Lobby decision. Notre Dame lost its previous appeal, in which three anonymous students filed an intervening suit.

One unique feature of the legal complaint that Notre Dame is asking be reconsidered is that it asserts government regulation which treats religious universities as distinct from houses of worship violates the university’s religious belief in the unity of the Church. In its complaint, the university writes,

The U.S. Government Mandate also improperly attempts to sever Notre Dame from the Roman Catholic Church. Notre Dame sincerely believes in the unity of the Catholic Church, including that Catholic educational institutions, especially Notre Dame, are by definition the “heart of the church” or Ex Corde Ecclesiae. Notre Dame’s mission is just as central to Catholic faith and life as the mission of Catholic houses of worship. Yet, the U.S. Government Mandate would limit the definition of “religious employers” to houses of worship, attempting to sever the Church from its heart and to divide the unified Church. The U.S. Government mandate would thus turn the broad right to Religious Exercise into a narrow Right to Worship.*

Irrespective of what one thinks about religious freedom, women’s rights to healthcare, or potential violations of the establishment clause, this is a troubling argument. If religiously-affiliated universities could not be treated as distinct from houses of worship without violating religious exercise rights, then effectively, students at those universities could not be protected from sexual misconduct, harassment, or discrimination by Title IX as Title IX is not applicable to houses of worship (nor could it be).

*It is worth noting that Notre Dame has argued in court in the past (cf. Laskowski v. Spellings and  Am. Jewish Cong. v. Corp. for Nat’l. & Cmty. Serv.) that activities such as the provision of healthcare coverage benefits do not constitute religious exercise.

 

Schliesser on de Gournay: sexism is “serious blasphemy” April 26, 2014

Yesterday, at his Digressions & Impressions blog, Eric Schliesser posted a (second) lovely discussion of 17th century philosopher Marie de Gournay and her account of the Church’s role in the subordination of women. Strikingly, de Gournay argues that, in having played this role, Christianity also oppresses men, by encouraging them to make idols of themselves.

For, men have chosen to let themselves be ruled by “superiority of…strength” (73) and not their rational faculty. In fact, she argues that in so doing men have committed “serious blasphemy” because men have elevated themselves above women. For, women are “worthy of being made in the image of the Creator, of benefiting from the most holy Eucharist and the mysteries of redemption and of paradise, and of the vision–indeed, the possession–of God.” (73) Man’s political decision to deny women “the advantages or privileges of man” is, thus, a way to make an idol of himself. 

De Gournay’s argument is a powerful reply to the Pauline-Augustinian argument that woman only expresses God’s image when she is united to man (de Trinitate, Book 12, Ch. 7). I know what I’ll be adding to the syllabus the next time I teach philosophy of gender. Thanks, Eric!

 

Notre Dame refiles its HHS lawsuit December 4, 2013

Filed under: discrimination,gender inequality,health,law,religion — philodaria @ 3:57 pm

The University of Notre Dame announced yesterday that it would be refiling its lawsuit against the HHS mandate (dismissed last spring) regarding contraceptive health care coverage. University president, Rev. John Jenkins wrote:

The government’s accommodations would require us to forfeit our rights, to facilitate and become entangled in a program inconsistent with Catholic teaching and to create the impression that the university cooperates with and condones activities incompatible with its mission. . . The U.S. government mandate, therefore, requires Notre Dame to do precisely what its sincerely held religious beliefs prohibit — pay for, facilitate access to, and/or become entangled in the provision of objectionable products and services or else incur crippling sanctions.

How sincere those religious beliefs are remains to be seen.

 

 

Corvino Responds To Providence College September 25, 2013

Filed under: academia,family,law,marriage,religion,sexual orientation,silencing — philodaria @ 2:27 am

Regarding the administration cancelling his lecture on the topic of same-sex marriage. 

 

Pope thinks the RC church has become obsessed with sex September 19, 2013

Filed under: religion — annejjacobson @ 11:38 pm

Not quite his words.

According to the NY Times,

“Pope Francis, in the first extensive interview of his six-month-old papacy, said that the Roman Catholic Church had grown “obsessed” with preaching about abortion, gay marriage and contraception, and that he has chosen not to speak of those issues despite recriminations from some critics…
In remarkably blunt language, Francis sought to set a new tone for the church, saying it should be a “home for all” and not a “small chapel” focused on doctrine, orthodoxy and a limited agenda of moral teachings.

 

 
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