Argument Analysis: Legion v. American Humanist Association

Monica L. Waller, arguing for respondent in American Legion v. American Humanist Assoc., 2-27-19Jackson Foster is a freshman at UA, majoring in Religious Studies and History and minoring in the Blount Undergraduate Initiative and Randall Research Scholars Program. He is currently studying the intersections between law, politics, and religion in Dr. Altman’s REL130 course. This piece was originally published in High School SCOTUS, a national Supreme Court blog comprised of young students like Jackson.

The Supreme Court heard arguments last month in American Legion v. American Humanist Association, a case involving a 40-foot Peace Cross situated in a Maryland public park. Before (and since) the argument, American Legion has received special attention from the constitutional scholar and layman alike. It has been enveloped in media scrutiny (see Nina Totenberg’s Cross Clash Could Change Rules For Separation Of Church And State); it is one of the first Establishment Clause cases in the Kavanaugh era, and it may spell the end of the Lemon test.

While constitutional considerations carry great weight, they miss the heart of this case. American Legion does not so much implicate the Establishment Clause or the Lemon test as it implicates American civil religion. The questions argued in the case, therefore, can be nicely distilled to one: Is the cross civil or sectarian? Continue reading

The Implications of Designations

A lot of people in our field now advocate approaches that find religion either in unexpected or overlooked places. What once might have been called the implicit religion movement, at least as once associated with the work of the late Ed Bailey, has now been joined by the more-or-less related lived religion, material religion, religion on the ground, as well as the embodied religion approaches, all of which aim to identify religion in places where scholars, who have long been preoccupied with reading texts (and thereby studying what some of our literate predecessors left behind), have not found it before, often due to some sort of scholarly bias. Continue reading

How Do You Define “Minister”?

CatholicSchoolIn light of the recent U.S. Supreme Court decision, in which “closely held,” for-profit corporations now seem to have religious rights, it raises some questions about the extent to which employers can determine elements of their employees’ behavior — whether on the job or not. Continue reading