“When The Gods Wish To Punish Us, They Answer Our Prayers”

I am, without question, a spiritual man. I don’t know that I’d go so far as to call myself “religious”; it’s not easy to keep one’s faith while surrounded on most sides by a grab for the most money, as law school tends to be. However, I’ve always balanced my strong personal belief in the value of (and my regular practice of) prayer with what I consider to be the immeasurable importance of the separation of church and state. Usually, this means I just let public showings of religion roll off my back; I’m not offended by choruses of “Merry Christmas,” and I didn’t gripe when benedictions have been said at Marquette gatherings I’ve attended. By and large, I’m a big fan of keeping a healthy dose of perspective; if one puts oneself in situations where prayer is likely to be found (for example, by attending a Jesuit law school), one needs to expect that prayers are going to happen and not take it as an affront to the First Amendment. Put another way, who does it really hurt if I observe 30 seconds of silence so that someone else can pray uninterrupted?

All that being said, this PrawfsBlawg post — written by Mississippi Law Professor Chris Lund — got me thinking about whether it’s reasonable to accept prayer in all circumstances. Lund discusses the “legislative prayer controversy,” which he illustrates by linking to an article about a 70-year-old man’s arrest for praying loudly over a City Council’s moment of silence, as well as a video clip of protesters interrupting the opening prayer of last year’s Senate session, which was given by guest Congressional chaplain (and Hindu) Rajan Zed.

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“And He Causeth All, Both Small and Great, Rich and Poor, Free and Bond, to Receive a Mark”

So says Revelation 13:16. There are many interpretations of the wild events recounted in the Revelation to John. I am most familiar — and comfortable — with the view of the book as an allegory about persecution and redemption, but some folks think that it describes, in some more or less literal way, events that are still to occur.

I don’t know what the Amish view is but they — and certain other denominations — apparently read the text as calling for believers to resist receiving the forecast mark of the beast. This lawsuit, brought in federal court in Michigan, seeks relief from the federally sponsored program (voluntary for the states, but now adopted in Michigan) that requires the placing of RFID chips in cattle to facilitate the tracking of bovine and other livestock diseases. The plaintiffs make a variety of administrative law claims, as well as claims under the National Environmental Policy Act and the Fifth Amendment, but I’m interested in the claims made under the federal Religious Freedoms Restoration Act (RFRA) and a “supplemental” claim under the Michigan Constitution’s Free Exercise Clause. The requisite chips are claimed to require the plaintiffs to take the mark of the beast or to infringe their divinely ordained dominion over the cattle and all other living things. (Genesis 1:26-28.)

We know that the federal RFRA cannot be applied to the states. The plaintiffs try to get around that by arguing that Michigan is acting to implement federal law (and, it seems, receiving some type of federal grant in return for participation in the program, although the complaint is a bit unclear). If the feds are mandating this in some way as a condition of federal funding, then RFRA may apply.

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Religious Freedom — or Oppression?

The BBC reports that a group in the U.K. called the Centre for Social Cohesion has issued a report finding that European governments have not done enough to protect the free speech of Muslims from other Muslims.

According to the report, Muslim reformers have not been sufficiently protected from attacks by Muslim extremists, citing as a prime example (but it offers many others) the fatwah against Sir Salman Rushdie for the publication of The Satanic Verses. It called on European governments to treat Muslims “as complete citizens, neither restricted in their freedoms nor unduly permitted to issue threats against others.”

The report suggests, in other words, a kind of multicultural condescension — a view that fatwas and threats of violence are simply the Islamic way and must, at least within the community, be tolerated. Of course, this becomes sort of a self-fulfilling prophecy as Islamic reformers are run off. When the lion is allowed to lie down with the lamb, what follows is usually dinner.

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