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 Effects of “Bad Religion”

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By Andie Alexander
Andie Alexander earned her B.A. in Religious Studies and History in 2012. She is now working on her M.A. in Religious Studies at CU Boulder. Andie also works as the online Curator for the Culture on the Edge blog.

Many of you may be following, or at least aware of, Rowan, KY county clerk Kim Davis denying marriage licenses to same-sex couples despite the recent Supreme Court ruling (on June 26, 2015) that legalized same-sex marriage across the United States. In the days following Davis’s refusal to cooperate, I have seen a lot of “bad religion” claims being made on social media and news media sites — i.e., claims by some that she exhibits an improper or inauthentically religious position. It has also since come out in the press that Davis has been married four times and had an affair with one man whom she eventually married. So what strikes me as interesting are the types of reactions and articles I have seen while scrolling through Facebook, seeking to invalidate her: she’s a hypocrite, she’s playing fast and loose with the Bible, her “personal beliefs” are infringing on others’, as a divorcée and adulterer she has no moral high ground — the list goes on. Continue reading