Marsha Freeman (Barry University School of Law) has posted Holier Than You and Me: ‘Religious Liberty’ Is the New Bully Pulpit and Its New Meaning Is Endangering Our Way of Life (69 Ark. L. Rev. 881 (2017) on the Ark. L. Rev. website. Here is the abstract:
This article explains why the current rise in religious politics, initiated by the religious right, is both concerning and against the original intent of our nation’s Founders. Freeman vehemently defends the notion that the United States was founded on an idea of religious liberty. She contends that the Founders strictly adhered to the idea of religious liberty in order to protect citizens from embracing intolerance. Freeman argues that today’s religious right has rejected the idea of religious liberty and embraced the belief that the United States is a Christian nation. This embracement, Freeman asserts, has led to troublesome political and legal implications throughout the country. In fact, Freeman claims that the religious right is now welcoming beliefs of bigotry, racism, and intolerance in levels, which have not been seen since the 1950’s. In order to support her proposition, Freeman points to both historical and current events. She identifies that intolerance by the religious right has existed since Roosevelt’s New Deal; however, with the rise of groups like the Tea Party, intolerance by the religious right is reaching new heights and affecting both political and legal outcomes in manners rarely seen before. Ultimately, Freeman expresses the idea that until the religious right is tamed, our nation will continue to suffer the unfortunate consequences of intolerance and religious legal theory, which in her mind, is exactly what the Founders most feared.