Legal Spirits

Ever since President Ronald Reagan popularized the phrase in the 1980s, American leaders have referred to the United States as the “shining city on a hill.” Reagan adapted the phrase from John Winthrop, the 17th century governor of the Massachusetts Bay Colony, who himself took it from the Gospel of Matthew. But the message has changed down the centuries. What began as a warning to carry out faithfully a mission from God became a boast about the United States and the benefits of human freedom. In this episode, Notre Dame historian Don Drakeman explores the original meaning of Winthrop’s text (Don argues it was in part a sales pitch to Puritan investors!) and its meaning today. Both are part of the American tradition: which meaning is the “real” one? Listen in!

The post Legal Spirits 064: A City Upon a Hill appeared first on LAW AND RELIGION FORUM.

In September 2023, in violation of an order from the International Court of Justice, Azerbaijan ethnically cleansed the region of Nagorno-Karabakh of its 120,000 Christian Armenian inhabitants. In this episode, human-rights attorney Karnig Kerkonian describes the events of a year ago and efforts to hold Azerbaijan responsible in international forums. He also explains the role that religion, understood as a communal and cultural marker, has had in Azerbaijan’s campaign against Christian Armenians. Listen in.

The post Legal Spirits 063: Ethnic Cleansing in Nagorno-Karabakh, One Year Later appeared first on LAW AND RELIGION FORUM.

When the Cedar Grove School District in New Jersey surveyed students about their religious identities and other sensitive matters, St. John’s Law Professor Patricia Montana went into action. She and other parents sued the district for violating student privacy laws, including the Protection of Pupil Rights Amendment, a federal statute. Last month, the US Department of Education ruled in the parents’ favor. In this episode, Montana talks about her successful legal challenge and explains why she and other parents fought the district’s policy. Listen in!

The post Legal Spirits 062: Can a Public School Ask Kids to State Their Religion? appeared first on LAW AND RELIGION FORUM.

Last month, in a much-watched case, the Oklahoma Supreme Court ruled that a new Catholic charter school, St. Isidore of Seville Catholic Virtual School, violates the First Amendment’s Establishment Clause–and, alternatively, that denying St. Isidore a charter does not violate the school’s rights under the Free Exercise Clause. In this episode, Center Director Mark Movsesian and Notre Dame Law Professor Richard Garnett debate whether the Oklahoma court got the decision right. Is a Catholic charter school constitutional? And are religiously affiliated charter schools a good idea in the first place? Listen in!

The post Legal Spirits 061: Is a Catholic Charter School Constitutional? appeared first on LAW AND RELIGION FORUM.

In this episode, Center Director Mark Movsesian interviews religion journalist Kelsey Dallas about the controversy that arose last month when the National Park Service refused to allow the Knights of Columbus to celebrate an annual Memorial Day Mass at a national cemetery in Virginia. The Park Service said it was enforcing the rules against “demonstrations”; the Knights said the refusal violated the group’s religious freedom. Who was right? And what does this controversy reveal about church-state relations in an increasingly secular America? Listen in!

The post Legal Spirits 060: Memorial Day, the Knights of Columbus, and the National Park Service appeared first on LAW AND RELIGION FORUM.

In this episode, Center Director Mark Movsesian interviews journalist Daniel McCarthy on his recent essay in Modern Age, “The Other Nones.” Dan argues that the decline of traditional Christianity in the West hasn’t led to the age of rationalism and progress that many secularists predicted, but instead to an age of entropy, in which people have lost faith in unifying narratives of all kinds, political and ideological as well as religious. Can we restore some idea of the common good? Listen in!

The post Legal Spirits 059: Daniel McCarthy on “the Other Nones” appeared first on LAW AND RELIGION FORUM.

First performed 400 years ago, William Shakespeare’s “Measure for Measure” addresses an enduring human dilemma. No society can safely exist without law, but law itself depends on human judgment, which is prone to error and corruption. In this episode, Center Director Mark Movsesian and Northwestern Law Professor John McGinnis discuss this great but problematic play and explore why it remains so humbling for lawyers and judges today. Listen in!

The post Legal Spirits 058: Law & Justice in Shakespeare’s “Measure for Measure” appeared first on LAW AND RELIGION FORUM.

In this episode, Center Director Mark Movsesian interviews historian Richard Brookhiser (left) about his new documentary, “Free Exercise: America’s Story of Religious Liberty.” How have minority religions tested and shaped America’s commitment to religious freedom over the centuries–and how has America changed those religions in return? From the Flushing Remonstrance of 1657 until now, it has been a grand story. Listen in!

The post Legal Spirits 057: Historian Richard Brookhiser on Religious Freedom in America appeared first on LAW AND RELIGION FORUM.

In this episode, we discuss a bill pending in New York that would require future fast food restaurants at rest stops on the State Thruway to open seven days a week. The bill expressly targets Chick-fil-A, which closes on Sundays in line with the owners’ religious commitments. Does the bill violate Chick-fil-A’s free exercise rights under the US and NY State Constitutions? And what does this controversy suggest about religious practice in the US? Listen in!

The post Legal Spirits 056: Can the NY State Thruway Ban Chick-fil-A? appeared first on LAW AND RELIGION FORUM.

In a TV interview last month, House Speaker Mike Johnson raised eyebrows by asserting that Framers welcomed religion in public life and that the Establishment Clause protects religion from the encroachment of government, not the other way around. In this podcast, we show how Johnson was both right and wrong. Many Framers shared his view, but others did not. The controversy over Johnson’s comments is just the latest episode in a continuing debate over the meaning of religious liberty. When we argue about the past, we are really arguing about what our country should be, today. Listen in!

The post Legal Spirits 055: Speaker Mike Johnson on the Separation of Church and State appeared first on LAW AND RELIGION FORUM.