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Yahoo
19-05-2025
- Politics
- Yahoo
Opinion - What happens when religious freedom clashes with personal protections in court?
On May 7, a devout Muslim was called to give testimony in her ex-boyfriend's criminal case. He was charged with assaulting her and with domestic violence. What would have been a tragic but routine moment in the justice system took an unexpected twist when the defense asked the judge to order the victim to remove her niqab, the religious attire that completely veils the face except for the area around the eyes. Some Muslim women wear it in places where they may encounter men who are not members of their family. The defense argued that allowing the victim to testify in her niqab would violate their client's constitutional right to confront their accuser and deny the jury critical demeanor evidence to help them assess her credibility. It was a smart tactic, one used in many different cases, to put the victim in the difficult position of having to choose between her religious convictions and her desire for justice. If she refused to testify, it would have led to a dismissal of the case. While governments often resist claims for religious accommodations, in this case, the prosecution argued that forcing the woman to remove her niqab would violate her right to practice her religion. Today, the banner of religious freedom is being raised all over the country, encouraged by a Supreme Court that has given priority to religious values even when they conflict with other constitutional norms. In each case, religious liberty must be balanced against other values. That means that the front lines in the battle over religion and its place in society will be continually shifting and, however those battles come out, each skirmish will fuel culture wars. That is why the Boston case made headlines. The battle was joined when Boston Municipal Court Judge Kenneth Fiandaca ruled that the alleged victim could only testify if she removed her niqab. His ruling was, however, quickly appealed and reversed by the Massachusetts Supreme Court. Traditionally, religious liberty has been seen as a kind of private right. The government should not tell people whether, when or how to worship. The philosopher John Locke, who influenced the Framers, wrote that 'The care of each man's soul' should not be part of the 'mutual compacts' that create a government of free people. No one, Locke added, 'ought to be excluded from the civil rights of the commonwealth, because of his religion.' In this understanding of religious liberty, people are free to go to the house of worship of their choice, but religion is not to be brought into the workplace or the 'public square.' This conception of freedom of religion requires tolerance. And it minimizes conflict between religion and other values of the kind seen in the Massachusetts case. In our era, another conception of religious liberty has come to prominence. In this view, confining religious practice to the private realm is seen as favoring an impoverished kind of religion. For people who hold this view, religion is seen as an indispensable part of a person's entire life, not just what someone does in their church, synagogue or mosque. This conception has been exemplified in cases such as that of the Colorado baker sanctioned by the state for refusing, on religious grounds, to make a wedding cake that celebrates a same-sex wedding. Another involved a religious order of nuns that did not want to cover contraception in the health insurance they provided for employees of their group homes for children. Inevitably, those practices run up against competing rights-claims. Those conflicts are often framed as involving a choice between different ways of life, religious and secular. Not surprisingly, they become the stuff of intense legal and political debate. For example, speaking to the Federalist Society in November 2020, Supreme Court Justice Samuel Alito, a longtime proponent of enhanced freedom of religion, observed that 'religious liberty is fast becoming a disfavored right.' In Alito's view, too many Americans do not cherish that liberty or regard it as 'just an excuse for bigotry.' On the other side, as political scientist Michael Bobic argues, 'When Congress or state governments try to accommodate the sincere religious beliefs of citizens, they risk violating the establishment clause of the First Amendment or the equal protection clause of the Fourteenth Amendment.' This brings us back to the Massachusetts case. The trial judge's initial ruling was not surprising, but it was wrong. There are many ways to assess witness credibility, and a long line of cases have held that the right to confront one's accuser is, as Justice Serge Georges of the state Supreme Judicial Court explained, 'not absolute.' Courts, he said, 'have recognized limited and exceptional circumstances in which a defendant's rights under the Sixth Amendment … may appropriately yield to competing constitutional interests.' Georges directed the lower court to consider whether the religious convictions of the witness are sincere and prohibit her 'from displaying her face to males.' If so, Georges concluded, the 'right to confrontation … including any 'face to face' component, must yield to the witness's First Amendment rights.' This ruling meant that a Muslim woman could testify in her niqab, rightly vindicating the claims of religious liberty. But, at the end of the day, the jury was not persuaded by her testimony and found the defendant not guilty. Also, we are no closer to healing the deep divides over those claims. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
19-05-2025
- Politics
- The Hill
What happens when religious freedom clashes with personal protections in court?
On May 7, a devout Muslim was called to give testimony in her ex-boyfriend's criminal case. He was charged with assaulting her and with domestic violence. What would have been a tragic but routine moment in the justice system took an unexpected twist when the defense asked the judge to order the victim to remove her niqab, the religious attire that completely veils the face except for the area around the eyes. Some Muslim women wear it in places where they may encounter men who are not members of their family. The defense argued that allowing the victim to testify in her niqab would violate their client's constitutional right to confront their accuser and deny the jury critical demeanor evidence to help them assess her credibility. It was a smart tactic, one used in many different cases, to put the victim in the difficult position of having to choose between her religious convictions and her desire for justice. If she refused to testify, it would have led to a dismissal of the case. While governments often resist claims for religious accommodations, in this case, the prosecution argued that forcing the woman to remove her niqab would violate her right to practice her religion. Today, the banner of religious freedom is being raised all over the country, encouraged by a Supreme Court that has given priority to religious values even when they conflict with other constitutional norms. In each case, religious liberty must be balanced against other values. That means that the front lines in the battle over religion and its place in society will be continually shifting and, however those battles come out, each skirmish will fuel culture wars. That is why the Boston case made headlines. The battle was joined when Boston Municipal Court Judge Kenneth Fiandaca ruled that the alleged victim could only testify if she removed her niqab. His ruling was, however, quickly appealed and reversed by the Massachusetts Supreme Court. Traditionally, religious liberty has been seen as a kind of private right. The government should not tell people whether, when or how to worship. The philosopher John Locke, who influenced the Framers, wrote that 'The care of each man's soul' should not be part of the 'mutual compacts' that create a government of free people. No one, Locke added, 'ought to be excluded from the civil rights of the commonwealth, because of his religion.' In this understanding of religious liberty, people are free to go to the house of worship of their choice, but religion is not to be brought into the workplace or the 'public square.' This conception of freedom of religion requires tolerance. And it minimizes conflict between religion and other values of the kind seen in the Massachusetts case. In our era, another conception of religious liberty has come to prominence. In this view, confining religious practice to the private realm is seen as favoring an impoverished kind of religion. For people who hold this view, religion is seen as an indispensable part of a person's entire life, not just what someone does in their church, synagogue or mosque. This conception has been exemplified in cases such as that of the Colorado baker sanctioned by the state for refusing, on religious grounds, to make a wedding cake that celebrates a same-sex wedding. Another involved a religious order of nuns that did not want to cover contraception in the health insurance they provided for employees of their group homes for children. Inevitably, those practices run up against competing rights-claims. Those conflicts are often framed as involving a choice between different ways of life, religious and secular. Not surprisingly, they become the stuff of intense legal and political debate. For example, speaking to the Federalist Society in November 2020, Supreme Court Justice Samuel Alito, a longtime proponent of enhanced freedom of religion, observed that 'religious liberty is fast becoming a disfavored right.' In Alito's view, too many Americans do not cherish that liberty or regard it as 'just an excuse for bigotry.' On the other side, as political scientist Michael Bobic argues, 'When Congress or state governments try to accommodate the sincere religious beliefs of citizens, they risk violating the establishment clause of the First Amendment or the equal protection clause of the Fourteenth Amendment.' This brings us back to the Massachusetts case. The trial judge's initial ruling was not surprising, but it was wrong. There are many ways to assess witness credibility, and a long line of cases have held that the right to confront one's accuser is, as Justice Serge Georges of the state Supreme Judicial Court explained, 'not absolute.' Courts, he said, 'have recognized limited and exceptional circumstances in which a defendant's rights under the Sixth Amendment … may appropriately yield to competing constitutional interests.' Georges directed the lower court to consider whether the religious convictions of the witness are sincere and prohibit her 'from displaying her face to males.' If so, Georges concluded, the 'right to confrontation … including any 'face to face' component, must yield to the witness's First Amendment rights.' This ruling meant that a Muslim woman could testify in her niqab, rightly vindicating the claims of religious liberty. But, at the end of the day, the jury was not persuaded by her testimony and found the defendant not guilty. Also, we are no closer to healing the deep divides over those claims. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.
Times
18-05-2025
- General
- Times
What makes a good father? Advice from Aristotle, Darwin and Bob Dylan
This superbly intelligent book isn't, as I thought, a parenting guide. It's a sweeping, savvy history of men's notions of fatherhood, told through an entertaining series of mini-lives of eight famous males, from Aristotle to Bob (Dylan) Zimmerman. An A-Z of fathers. But one of the many revelations in this galloping overview of patriarchy across the ages is that men have been writing parenting manuals for millennia. Carved into a 7ft phallus 4,000 years ago, the Code of Hammurabi insisted that a father's duties included making children pay for their own crimes and debts. Much later John Locke said that only men were capable of preparing children for life's hardships and urged fathers to dress their kids in thin clothes and dip their tiny feet
Time of India
01-05-2025
- General
- Time of India
International Labour Day 2025: 60+ Wishes, quotes, and images to celebrate workers' rights on May 1
Labour Day, or International Workers' Day, or May Day, is observed on May 1st every year in numerous nations across the globe. It is a recognition of the effort and achievement of workers and an acknowledgment of the struggle of the labor movement to secure fair pay, safe conditions, and decent working hours. Tired of too many ads? go ad free now Dating back to the 1886 Haymarket event in Chicago, Labour Day reflects the power and solidarity of workers. A public holiday in many countries, Labour Day is celebrated with parades, speeches, and other activities emphasizing the value of dignity in work and worker rights. Quotes to celebrate Labour Day 1. "Labour is the superior of capital, and deserves much the higher consideration." – Abraham Lincoln 2. "A man is not paid for having a head and hands, but for using them." – Elbert Hubbard 3. "The labor movement means just this: it is the last noble protest of the American people against the power of incorporated wealth." – Wendell Phillips 4. "There is no substitute for hard work." – Thomas Edison 5. "The dignity of labor depends not on what you do, but how you do it." – Edwin Osgood Grover 6. "Labor Day is devoted to no man, living or dead, to no sect, race or nation." – Samuel Gompers 7. "Work isn't to make money; you work to justify life." – Marc Chagall 8. "All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence." – Martin Luther King Jr. 9. "Labor in this country is independent and proud. It has not to ask the patronage of capital, but capital solicits the aid of labor." – Daniel Webster 10. "He who labors diligently need never despair; for all things are accomplished by diligence and labor." – Menander 11. Tired of too many ads? go ad free now "If all the cars in the United States were placed end to end, it would probably be Labor Day Weekend." – Doug Larson 12. "The reward of a thing well done is having done it." – Ralph Waldo Emerson 13. "It is labor indeed that puts the difference on everything." – John Locke 14. "Man is so made that he can only find relaxation from one kind of labor by taking up another." – Anatole France 15. "The artist is nothing without the gift, but the gift is nothing without work." – Émile Zola 16. "Genius begins great works; labor alone finishes them." – Joseph Joubert 17. "There is no labor a person does that is undignified if they do it right." – Bill Cosby 18. "Work is not man's punishment. It is his reward, his strength, and his pleasure." – George Sand 19. "A hundred times every day, I remind myself that my inner and outer life depend on the labors of other men." – Albert Einstein 20. "All wealth is the product of labor." – John Locke 21. "Take rest. A field that has rested gives a bountiful crop." – Ovid 22. "Labor is the only prayer that Nature answers." – Robert Green Ingersoll 23. "The only liberty an inferior man really cherishes is the liberty to quit work, stretch out in the sun, and scratch himself." – H.L. Mencken 24. "Hard work spotlights the character of people: some turn up their sleeves, some turn up their noses, and some don't turn up at all." – Sam Ewing 25. "The harder the work, the greater the satisfaction in accomplishing it." – Unknown 26. "Labour Day is a celebration of the working class and their endless contributions to the fabric of society." – Noam Chomsky 27. "Nothing ever comes to one that is worth having, except as a result of hard work." – Booker T. Washington 28. "The life of labor is the life of honor; to love labor, to love work, is to love life itself." – Frances Perkins 29. "When you put a lot of hard work into one goal and you achieve it, that's a really good feeling." – Derek Jeter 30. "Labour is not only the developer of civilization; it is the measure of moral values." – William Green 31. "The strength of the labor movement lies in its ability to fight for those who have no voice." – Dolores Huerta 32. "No one can whistle a symphony. It takes an orchestra to play it." – H.E. Luccock 33. "You cannot build character and courage by taking away man's initiative and independence." – Abraham Lincoln 34. "The cause of labor is the cause of humanity." – Samuel Gompers 35. "Without labor, there is no rest, nor can the community exist." – Leo Tolstoy Wishes to celebrate Labour Day with friends and family 1. Happy Labour Day! Your dedication and hard work are appreciated—today and always. 2. Wishing you a deserved break on this special day. You've worked for every minute of rest! 3. Let us honor the hands that construct and the minds that create. Happy Labour Day! 4. May your hard work continue to motivate progress and success. Have a proud and peaceful Labour Day! 5. Cheers to the individuals who labor behind the scenes and in the limelight—your role counts. Happy Labour Day! 6. No job is too small. Happy Labour Day to all workers who contribute to our well-being. 7. You are the pillar of our society and the pillar of our destiny. Enjoy this day in your honor! 8. Work with pride, rest with dignity. Wishing you a great and enjoyable Labour Day. 9. Today we see not only what you do, but who you are—strong, dedicated, and motivating. 10. Labour Day serves as a reminder that greatness is founded on ordinary efforts. Continue to shine! 11. On this Labour Day, let's hope to refresh you with fresh strength and appreciation for everything you do. 12. To the workforce warriors—your tenacity makes the world a better place. Happy May Day! 13. Appreciation for your hard work and perseverance. You are so appreciated. 14. Happy Labour Day! May your hard work be accompanied by joy and satisfaction. 15. Your work constructs dreams, families, and nations. Celebrate your success today. 16. May you be proud of all that you have accomplished through your hard work. Happy Labour Day! 17. Warmest wishes to all workers who drive progress—your work builds our future. 18. Today is dedicated to you and your unbreakable spirit. Have a great day! 19. A grand salute to the doers, thinkers, dreamers, and builders. Happy Labour Day! 20. You are not merely working—you are creating, contributing, and making a difference. 21. On this Labour Day, be proud of your journey and the courage it takes to continue. 22. Your hard work builds the foundation for a brighter tomorrow. Happy May Day! 23. Let this day fill you with pride in what you do and hope in what you'll become. 24. To balance: work hard, rest well, live fully. Happy Labour Day! 25. Each job has value. Each worker has worth. Happy Labour Day! 26. May this Labour Day remind you of your value and the strength of hanging in. 27. Celebrate today not just as a day off—but as a day earned. Happy Labour Day! 28. Let us all celebrate all the makers, doers, helpers, and heroes. Your creations transform lives. 29. Your contributions never go unappreciated. Wishing you recognition and happiness this Labour Day. 30. Happy Labour Day! Thank you for constructing the world with your strength, courage, and heart.
Memri
21-02-2025
- Politics
- Memri
Pakistani Editorial On Trump's Gaza Plan: 'Muslim Ummah Needs To Show Courage And Reject The Game Of Intimidation, Pressure, And Hypocrisy Though Mutual Unity'
In a recent editorial, Roznama Islam , a leading Urdu-language newspaper in Pakistan, criticized U.S. President Donald Trump's proposal for the absorption of Palestinians from Gaza into neighboring countries such as Jordan and Egypt, and went on to argue that the ideas of English philosopher John Locke and others like him are being misused for subjugation of peoples. "Using slogans such as upholding human rights, individual freedom, freedom of expression, and respect for women, the U.S. and the Western countries have openly supported Israel against the Palestinian people. This proves that, to a large extent, they are following the philosophies of John Locke and other thinkers like him," wrote Roznama Islam , which leans toward the right-wing Islamist and Taliban forces in the Afghanistan-Pakistan region. The Urdu daily further wrote: "In fact, the philosophies of the Western thinkers proved to be the cheaper means to get freedom from democracy, faith, and religion. However, modern theories have not changed or reformed the nature of supremacy and dominance of the influential classes. Just like in the past, these nations are still striving to crush weaker nations and maintain their rule through cruel tactics and imperialist ambitions in their quest to control the world's resources…" A screenshot of the Roznama Islam editorial Following is the translation of the Roznama Islam editorial: "Using Slogans Such As Upholding Human Rights, Individual Freedom, Freedom Of Expression, And Respect For Women, The U.S. And The Western Countries Have Openly Supported Israel Against The Palestinian People" "The U.S. Policy of Intimidation, Pressure, And Hypocrisy" "The U.S. President Trump's foolish desire for a joint American-Israeli subjugation of Gaza, expressed to appease the international criminal Netanyahu, has become a new reason for global condemnation of the United States, with Russia, China, Saudi Arabia, Turkey, and even Australia terming this desire as a madman's dream. "After being condemned and blamed by both East and West, spokespersons of the U.S. government and the White House issued a clarification, stating that the U.S. aim was not to occupy Gaza, rather Trump was referring to the evacuation of the population to facilitate reconstruction. Hamas, however, said clearly and firmly that any such attempt is only waste of time and the people of Palestine would never leave Gaza. "In this context, Saudi Arabia's stance is also clearly against the American desire. Following the Saudi government's explanation that they recognize the right of the Palestinian people to Palestine and will never establish diplomatic relations with Israel before the creation of an independent Palestinian state, it becomes clear that the U.S. will not be able to implement its desired policies in the Middle East through the policies of intimidation, pressure, and hypocrisy. "Using slogans such as upholding human rights, individual freedom, freedom of expression, and respect for women, the U.S. and the Western countries have openly supported Israel against the Palestinian people. This proves that, to a large extent, they are following the philosophies of John Locke and other thinkers like him. In fact, the philosophies of the Western thinkers proved to be the cheaper means to get freedom from democracy, faith, and religion. "However, modern theories have not changed or reformed the nature of supremacy and dominance of the influential classes. Just like in the past, these nations are still striving to crush weaker nations and maintain their rule through cruel tactics and imperialist ambitions in their quest to control the world's resources and describe their aggressive policies as the protection of their interest." "There Is No Justification For Direct U.S. Involvement In This Issue, Nor Have The Palestinian People, Who Are The Actual Owners Of This Region, Given Them The Authority To Represent Them" "The issue of Palestine is not only the matter of a human population. Rather it is a key center of global politics, international coalition, and international conflict; and the lives of the hundreds of millions of people living in the Middle East are directly or indirectly linked to this dispute, which has been continuing for decades. "In this context, there is no justification for direct U.S. involvement in this issue, nor have the Palestinian people, who are the actual owners of this region, given them the authority to represent them. However, despite that, U.S. President Trump, by adopting a provocative attitude against the Palestinians, is trying to make decisions about their fate. "According to analysts, this attitude by the U.S. president has made the existing dispute more complicated and severe on the global level. The increase in dispute may result in creating new problems for billions of people across the globe. "The majority of the human population is already facing different problems due to natural disasters, inflation, climate change, disease, and wars. The rise in unemployment in the world has increased the crime rate. Human respect is being crushed and the control of powerful nations over the weak nations has increased." "This Issue May Not Be Resolved By Stopping The U.S. Funds To Aid Agencies Because Saudi Arabia, Qatar, And Turkey Will Continue Providing Aid To Gaza Against The U.S. President's Desire" "In such a situation, the American attempt to increase conflicts is, in fact, nothing but an effort to spread chaos in the world. It is regrettable that all this is being done in the name of protection of interests. This is the reason that the U.S. role is totally against its stated national values and U.S. policies have achieved the status of hypocrisy in international diplomatic matters. "According to the United Nations Secretary General, the U.S. should keep itself away from any plan of ethnic cleansing in Gaza. Thus, it is being acknowledged at the global level that the U.S., in violation of the international law, is involved in the genocide of the Palestinians by joining hands with Israel. "This question is important as to why the U.S. president is insisting on the plan of forced displacement of Palestinians from Gaza? According to the analysts, the U.S. president is sure that he would succeed in convincing the Arab countries through intimidation and pressure. The aid being given to Egypt and Jordan can play a key role in this regard. However, the U.S. may have no solution to the resolve and steadfastness of the people of Gaza. "This issue may not be resolved by stopping the U.S. funds to aid agencies because Saudi Arabia, Qatar, and Turkey will continue providing aid to Gaza against the U.S. president's desire. Anyway, this scenario shows that the American monopoly in Middle East affairs will not succeed. Now, the Muslim ummah needs to show courage and reject the game of intimidation, pressure, and hypocrisy though mutual unity." Source: (Pakistan), February 7, 2025.
