Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2005, No. 3, 2005

Are State Marriage Amendments Bills of Attainder?: A Case Study of Utah's Amendment Three
I. INTRODUCTIONOn Election Day, November 2, 2004, Utah, along with ten other states,1 amended its state constitution in response to what many view as a concerted effort to redefine marriage.2 Although the debate over marriage tends to evoke strong feelings...
Challenges and Opportunities Facing Religious Freedom in the Public Square
In this opening address, I highlight several reasons why I feel our conference topic-the challenges and opportunities facing the free exercise of religion in the public sphere-merits our enthusiasm and careful consideration. I begin by pointing out some...
China's New Regulations on Religion: A Small Step, Not a Great Leap, Forward
I. INTRODUCTIONThe interaction of government and religion in China has long been a volatile situation. As the number of religious believers grows, the situation does not appear to be improving.1 While the Chinese constitution guarantees freedom of religious...
Marriage and the Betrayal of Perez and Loving
I. INTRODUCTIONIn March 2005, a San Francisco trial judge held that California voters' recent reaffirmation of marriage as the union of a man and a woman violated the state constitution's equality guarantee because that reaffirmation prevents same-sex...
Religion in the Public Sphere: Challenges and Opportunities
Since I have been given the honor of opening this session, let me thank the organizers for allowing me to offer a rather general reflection on the place of religion in the public sphere in both Europe and the United States.I. INTRODUCTIONBeginning in...
Religion in the Public Sphere: Challenges and Opportunities in Ghanaian Lawmaking, 1989-2004
I. INTRODUCTIONThe word "secularism" suggests that political and religious realms are essentially on parallel tracks and that the two words cannot be uttered in one breath. In Ghana, however, religion and politics have been inextricably linked since...
Religion in the Public Sphere: Challenges and Opportunities in Japan
I. BACKGROUNDThe difficulties involved in church-state relations are certainly nothing new in a global context. However, as recent high profile issues in France and the United States demonstrate, there has been a renewed popular interest in the debate....
Rethinking the Role of Religion in Changing Public Spheres: Some Comparative Perspectives
I. INTRODUCTIONUntil the early 1990s, there was a clear disparity between the growing significance of religion on the world stage and the literature one could read on this score in either scholarly or popular publications. Historian Scott Appleby stated...
The Flawed Implementation of the International Religious Freedom Act of 1998: A European Perspective
I. INTRODUCTION: UNITED STATES FOREIGN POLICY AND RELIGIOUS FREEDOMReligious freedom has always been at the core of American life and public policy. As the first freedom enumerated in the Bill of Rights, religious freedom is a cornerstone of American...