Corporations religious rights and President Donald Trumps executive order on immigration were among the topics of a recent lecture at Congregation Beth Israel in Charlottesville.
About 60 people attended the third and final talk in the Legal Issues and Ethics speaker series Sunday. In this installment, Micah Schwartzman, the Edward F. Howrey Professor of Law at the University of Virginia, spoke on Religious Freedom in the Supreme Court.
Schwartzman attended UVa for his undergraduate studies and for law school. He holds a doctorate in politics from Oxford and clerked for Judge Paul V. Niemeyer of the U.S. Court of Appeals for the 4th Circuit.
Schwartzmans lecture contained four sections: corporate religious freedom in relation to providing contraception; religious exceptions to serving LGBTQ customers; Trumps executive orders on immigration and travel for citizens of seven Muslim-majority countries; and the nomination of Neil Gorsuch for the U.S. Supreme Court.
The government shall not substantially burden you unless it has a compelling governmental interest, Schwartzman said of the Religious Freedom Restoration Act of 1993. The government has to have a really powerful reason and the policy it adopts that burdens your practice has to be what courts call the least restrictive means.
The professor then dove into the Hobby Lobby case, which stems from the contraception mandate of the Affordable Care Act. Overarching questions in the case, he said, include the extent of corporations human-like rights and the ramifications for future cases.
Hobby Lobby, a for-profit craft store chain, argued it should not have to pay for employees contraception because doing so would violate the family-owned companys religious beliefs. Hobby Lobby asserted that because corporations are people under the law, the company has the right of religious freedom.
There has been a big debate in this country about whether corporations are people, Schwartzman said. I have to tell you that this debate was lost a long, long time ago, probably in the late 19th century. Corporations are persons for all kinds of purposes The question that were really interested in is, can they have these particular rights: rights to freedom of speech, rights to freedom of religion The Supreme Court said that not only do they count as persons, they count as the kinds of persons that can exercise religious freedom.
Next, Schwartzman discussed corporate religious freedom in the context of gay marriage. In recent years, some businesses across the country have denied service to gay customers, refused to staff gay weddings and fired transgender employees.
Schwartzman said the issue is a natural extension of the Hobby Lobby decision. Hobby Lobbys progeny were a series of cases involving gay marriage and the rights of gay, lesbian and transgender people, he said.
Attendees at Sundays talk expressed concern over the presidents controversial executive orders. After the orders were signed, Schwartzman spoke to members of a Charlottesville mosque who expressed confusion and concern about whether their dual-citizen members would be able to visit family abroad.
Schwartzman argued that the orders violate the Establishment Clause of the U.S. Constitution, among other statutes.
The Establishment Clause, if it means anything, says that the government cant treat some religious groups better than others its not allowed to play favorites to engage in preferential treatment between people of different faiths , he said. This order discriminates amongst people in religious crowds. That seems to be [quite clearly] a violation of the Establishment Clause.
Finally, Schwartzman discussed Trumps Supreme Court nominee. He spoke about Gorsuchs educational and legal background, which includes an opinion in the Hobby Lobby case.
This is a very conventional, high-prestige nomination, Schwartzman said. Gorsuch is extremely well-educated. In fact, many people thought that he wouldnt be the pick because he is too well educated Hes a very conservative judge, hes congenial. People who know him like him, including his opponents.
Tom Gutherz, senior rabbi of Congregation Beth Israel, invited Schwartzman to speak.
We, as a congregation, are fortunate to have many distinguished UVa law faculty among our members, including some who can share their expertise with the larger community and help to advance the conversations we are having among ourselves about some of the issues facing us today as a community and as a nation, Gutherz said in an interview before Sundays talk. The question of how the concept of religious freedom is being shaped by recent court decisions is one of these issues, and Micah Schwartzman is an expert in this field.
Gutherz said Congregation Beth Israel was pleased with the lecture series and hopes to continue such events in the future.
Weve got a few more lectures in the works for the coming months, on diverse topics, he said. Well do another round of Legal Issues next year.
Read this article:
- if democracy and freedom got in the way of making money in the USA would they be eradicated? - November 8th, 2009 [November 8th, 2009]
- 1984 by George Orwell? - November 8th, 2009 [November 8th, 2009]
- Propaganda in 1984 by George Orwell? - November 8th, 2009 [November 8th, 2009]
- If America supports freedom and democracy, why have we done the following? - November 8th, 2009 [November 8th, 2009]
- Another fine example of Bush supporting freedom and democracy? - November 8th, 2009 [November 8th, 2009]
- Do you think that people have the right to the freedom of thought without influence anymore? - November 8th, 2009 [November 8th, 2009]
- Forrest Gump - Need a thesis relating to freedom and democracy? - November 8th, 2009 [November 8th, 2009]
- 1984 by George Orwell’s statement? - November 8th, 2009 [November 8th, 2009]
- How do you spread freedom and democracy without being in contradiction with the terms? - November 8th, 2009 [November 8th, 2009]
- What’s the difference between democracy and freedom? - November 8th, 2009 [November 8th, 2009]
- 3. The American Solution - November 8th, 2009 [November 8th, 2009]
- 4. Relating to Images - November 8th, 2009 [November 8th, 2009]
- 5. Representing Images - November 8th, 2009 [November 8th, 2009]
- 6. Exploring Images - November 8th, 2009 [November 8th, 2009]
- 7. Understanding Images - November 8th, 2009 [November 8th, 2009]
- 8. Acting Upon Images - November 8th, 2009 [November 8th, 2009]
- 9. The Paradigm Shift to Generativity - November 8th, 2009 [November 8th, 2009]
- 1. Totalitarianism and Variability - November 8th, 2009 [November 8th, 2009]
- 2. Freedom and Changeability - November 8th, 2009 [November 8th, 2009]
- 3. The Freedom Culture - November 8th, 2009 [November 8th, 2009]
- New Web Special: China and 60 Years of Communist Party Rule - November 8th, 2009 [November 8th, 2009]
- Cuban Regime Intensifies Opposition Crackdown with Sham Trial - November 8th, 2009 [November 8th, 2009]
- Postponing Dalai Lama Meeting Sends Wrong Message - November 8th, 2009 [November 8th, 2009]
- Freedom House Sends High-Level Delegation to Egypt - November 8th, 2009 [November 8th, 2009]
- Detained Syrian Opposition Figure Must Be Immediately Released - November 8th, 2009 [November 8th, 2009]
- Activist's Upheld Conviction a Troubling Sign for Justice in Kazakhstan - November 8th, 2009 [November 8th, 2009]
- Tunisia's Electoral Process Severely Damaged by Pre-Election Rights Violations - November 8th, 2009 [November 8th, 2009]
- Lifting of EU Arms Embargo on Uzbekistan Sends Wrong Message on Human Rights - November 8th, 2009 [November 8th, 2009]
- Pakistan Assembly Urged to Reject Restrictive Amendments to Press Law - November 8th, 2009 [November 8th, 2009]
- Freedom House Launches Web Feature on Fall of Berlin Wall - November 8th, 2009 [November 8th, 2009]
- Resolutions on Defamation of Religions Do Not Belong at United Nations, Organizations Say - December 13th, 2009 [December 13th, 2009]
- Bloggers' Jailing Threatens New Media's Emergence in Azerbaijan - December 13th, 2009 [December 13th, 2009]
- Support Chinese Human Rights Activists, Freedom House Tells Obama on Eve of Visit - December 13th, 2009 [December 13th, 2009]
- UN Should Pass Resolution Condemning Iran Human Rights Abuses - December 13th, 2009 [December 13th, 2009]
- Congress Urged to Lift Ban on U.S. Travel to Cuba - December 13th, 2009 [December 13th, 2009]
- Filipino Massacre Reflects Climate of Impunity - December 13th, 2009 [December 13th, 2009]
- Switzerland Vote Disappointing Blow to Religious Freedom - December 13th, 2009 [December 13th, 2009]
- Freedom House Launches Campaign to Defend Freedom of Expression - December 13th, 2009 [December 13th, 2009]
- Poll Shows Zimbabweans Want Elections and Democratic Constitution - December 13th, 2009 [December 13th, 2009]
- Clinton Speech Signals Greater Emphasis on Human Rights in U.S. Policy - December 16th, 2009 [December 16th, 2009]
- The Prosperity Problem - January 5th, 2010 [January 5th, 2010]
- Freedom in the World 2010: Global Erosion of Freedom - January 12th, 2010 [January 12th, 2010]
- Freedom House Congratulates Memorial on Human Rights Award - January 13th, 2010 [January 13th, 2010]
- Recent Blogger Arrests a Troubling Trend in the Middle East/North Africa Region - January 13th, 2010 [January 13th, 2010]
- Freedom House Calls Upon the Government of Uzbekistan to Release its Jailed Activists - January 13th, 2010 [January 13th, 2010]
- Citing Iran Crackdown, Freedom House Launches Net Freedom Initiative - January 13th, 2010 [January 13th, 2010]
- Google Response to Chinese Cyber-Attacks Appropriate - January 14th, 2010 [January 14th, 2010]
- Ombudsman Statements Reflect Culture of Intimidation in Chechnya - January 15th, 2010 [January 15th, 2010]
- Bloggers Stifled Again in Egypt - January 15th, 2010 [January 15th, 2010]
- Google Applauded for Stance on China Internet Censorship - January 16th, 2010 [January 16th, 2010]
- Latest Convictions Reflect Crackdown on Freedom of Expression and Association in Vietnam - January 21st, 2010 [January 21st, 2010]
- Integrity of Elections in Sri Lanka Endangered, Says Freedom House - January 22nd, 2010 [January 22nd, 2010]
- Freedom House Welcomes Clinton Speech on Internet Freedom - January 23rd, 2010 [January 23rd, 2010]
- Group wants same military benefits for gay spouses - Washington Times - March 8th, 2010 [March 8th, 2010]
- Va. health bill could foil Obama proposal - Boston Globe - March 8th, 2010 [March 8th, 2010]
- THE VA FIRST INTERNAL EVIDENCE OF CHANGE FOR GULF WAR VETERANS OF 1990-91 DOES ... - Veterans Today Network - March 8th, 2010 [March 8th, 2010]
- Freedom Driver System Receives Medical Device CE Mark - Today's Medical Developments - March 8th, 2010 [March 8th, 2010]
- NxStage Announces New FREEDOM Data Showing the Positive Impact of its Daily ... - CNNMoney.com (press release) - March 8th, 2010 [March 8th, 2010]
- Phil Lewis: Coach fumbles lesson on freedom of the press - Naples Daily News - March 8th, 2010 [March 8th, 2010]
- Report: Prescription drug prices vary drastically in NY - Poughkeepsie Journal - March 8th, 2010 [March 8th, 2010]
- Bill Bell: Surgeon models success on international scale - Whittier Daily News - March 8th, 2010 [March 8th, 2010]
- Justin Trottier: Time to call time on homeopathy - National Post (blog) - March 8th, 2010 [March 8th, 2010]
- Voice of the Day Initiative would aid rights of patients - News-Leader.com - March 8th, 2010 [March 8th, 2010]
- Free Speech under Attack in Morocco - March 11th, 2010 [March 11th, 2010]
- Freedom House, Russian Rights Groups Announce New Partnership - March 11th, 2010 [March 11th, 2010]
- Egyptian Government Must Live Up To Its Human Rights Commitments in Geneva - March 11th, 2010 [March 11th, 2010]
- Global Human Rights Advocates Meet With President Obama on U.S. Human Rights Agenda - March 11th, 2010 [March 11th, 2010]
- Death of Political Prisoner in Cuba Exposes Systemic Prison Maltreatment and Torture - March 11th, 2010 [March 11th, 2010]
- New Study Finds Gains for Women's Rights in the Middle East - March 11th, 2010 [March 11th, 2010]
- Egyptian Government Continues to Use Emergency Law to Crack Down on Freedom of Speech - March 11th, 2010 [March 11th, 2010]
- Human Rights Advocates Issue Plan of Action as Human Rights Council Meets in Geneva - March 11th, 2010 [March 11th, 2010]
- Sri Lankan Government Heightens Intimidation Campaign Against Voices of Dissent - March 11th, 2010 [March 11th, 2010]
- Nigerian and Indonesian Activists Challenge Repressive Measures in "Defamation of Religions" Debate - March 11th, 2010 [March 11th, 2010]
- Healing Healthcare: Restore Medical Freedom - Gather.com - March 15th, 2010 [March 15th, 2010]
- Putting the "I" back in medicine - McGill Daily - March 15th, 2010 [March 15th, 2010]
- Freedom House Calls on Kyrgyz Government to Loosen Controls on Media - March 16th, 2010 [March 16th, 2010]
- Talking Points - FOXNews - March 17th, 2010 [March 17th, 2010]
- The Battle Over Health Care At America's Medical Schools - FOXNews - March 17th, 2010 [March 17th, 2010]
- News Article Ceremony Honors Fallen Medical Servicemembers - Department of Defense - March 17th, 2010 [March 17th, 2010]
- Vietnam Temporarily Frees Prominent Catholic Priest - Christian Post - March 17th, 2010 [March 17th, 2010]