Mormonism and Politics Seminar
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Brief of Scholars of Mormon History & Law As Amici Curiae in Support Of
College of William & Mary Law School William & Mary Law School Scholarship Repository Appellate Briefs Faculty and Deans 2018 Brief of Scholars of Mormon History & Law as Amici Curiae in Support of Neither Party Anna-Rose Mathieson Ben Feuer Nathan B. Oman William & Mary Law School, [email protected] Repository Citation Mathieson, Anna-Rose; Feuer, Ben; and Oman, Nathan B., "Brief of Scholars of Mormon History & Law as Amici Curiae in Support of Neither Party" (2018). Appellate Briefs. 13. https://scholarship.law.wm.edu/briefs/13 Copyright c 2018 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/briefs No. 17-965 IN THE Supreme Court of the United States ____________________ DONALD J. TRUMP, et al., Petitioners, v. STATE OF HAWAII, et al., Respondents. ____________________ On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit ____________________ BRIEF OF SCHOLARS OF MORMON HISTORY & LAW AS AMICI CURIAE IN SUPPORT OF NEITHER PARTY ____________________ ANNA-ROSE MATHIESON Counsel of Record BEN FEUER CALIFORNIA APPELLATE LAW GROUP LLP 96 Jessie Street San Francisco, CA 94105 (415) 649-6700 [email protected] Attorneys for Amici Curiae i TABLE OF CONTENTS Page INTEREST OF AMICI CURIAE .............................. 1 INTRODUCTION AND SUMMARY OF ARGUMENT ......................................................... 6 ARGUMENT ............................................................. 9 I. The History of Religious Discrimination Against Mormon Immigrants Demonstrates the Need for Vigilant Judicial Review of Government Actions Based on Fear of Religious Minorities .......... 9 A. Mormons Were the Objects of Widespread Religious Hostility in the 19th Century.........................................9 B. Animus Against Mormons Was Often Linked to Animus Against Muslims or Other “Foreigners” ........ -
Third ICLARS Conference – Religion, Democracy, Equality 21-23 August 2013 – Virginia, USA
Third ICLARS Conference – Religion, Democracy, Equality 21-23 August 2013 – Virginia, USA PARTICIPANTS Supriyanto Abdi – Australia PhD Candidate, Asia Institute, University of Melbourne Supriyanto Abdi is a PhD Candidate at the Asia Institute, the University of Melbourne. His PhD thesis examines liberal Muslim intellectual discourse on religion-state relations and religious freedom in contemporary Indonesia. He completed his Master of Contemporary Asian Analysis at the University of Melbourne (2005) and his undergraduate study in Islamic Studies at the Islamic University of Indonesia (Universitas Islam Indonesia/UII) Yogyakarta (2000). His recent publications include “Islam and (Political) Liberalism in Indonesia: A Note on the Recent Debate”, Journal of Indonesian Islam, Vol. 3 No. 2 (December 2009) and “Islam, Religious Minority and the Challenge of the Blasphemy Law: A Look at Current Liberal Muslim Voices” in Religious Minorities in Muslim-Majority Localities in Southeast Asia: Areas of Toleration and Conflict, edited by Bernhard Platzdasch and Johan Saravanamuttu (Singapore: Institute for Southeast Asian Studies, forthcoming). Rex Ahdar – New Zealand Professor, Faculty of Law, University of Otago Rex Ahdar, LLB (Hons), LLM (Canterbury), PhD (Otago), is a Professor in the Faculty of Law at the University of Otago, where he has taught since 1985. He has been a Fulbright Senior Research Scholar at Boalt Hall School of Law, UC Berkeley, and a Visiting Scholar at the Department of Private Law, Edinburgh University and at Emory University Center for Law and Religion. He is the editor of God and Government: The New Zealand Experience (Otago University Press 2000) (with John Stenhouse), Law and Religion (Ashgate 2000) and Shari’a in the West (Oxford University Press 2010) (with Nicholas Aroney), and the author of Worlds Colliding: Conservative Christians and the Law (Ashgate 2001) and Religious Freedom in the Liberal State 2nd ed (Oxford University Press 2013) (with Ian Leigh). -
Edwin Brown Firmage and Richard Collin Mangrum
Edwin Brown Firmage and Richard Collin Mangrum. Zion in the Courts: A Legal History of the Church of Jesus Christ of Latter-day Saints, 1830-1900. 1988. Urbana, Illinois: University of Illinois Press. 430 pages. ∗ Reviewed by Nathan Oman∗ Then went the Pharisees, and took counsel how they might entangle him in his talk. And they sent out unto him their disciples with the Herodians, saying . Tell us therefore, what thinkest thou? Is it lawful to give tribute unto Caesar or not? And Jesus perceived wickedness, and said, Why tempt ye me, ye hypocrites? Shew unto me the tribute money. And they brought unto him a penny. And he saith unto them, Whose is this image and superscription? They say unto him, Caesar’s. Then saith he unto them, Render therefore unto Caesar the things which are Caesar’s; and unto God the things that are God’s (Matthew 22:15-21). Christ’s answer to the Pharisees and the Herodians frames one of the major questions of political and legal theory: the proper relationship between religion and the state. Perhaps because he perceived the hypocrisy and insincerity of his interlocutors, Christ did not offer a complete answer to the question. There is a legitimate sphere for the state and a legitimate sphere for religion, but beyond taxes and currency Christ’s answer does not inform us where the line between those spheres lies. The Restoration has offered some fascinating and sometimes radical answers to this question. In 1842, Joseph Smith declared, “We believe in being subject to kings presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law” (A of F 12). -
1 W. Cole Durham, Jr.* Nathan Oman** Introduction the Past
A CENTURY OF MORMON THEORY AND PRACTICE IN CHURCH-STATE RELATIONS: CONSTANCY AMIDST CHANGE W. Cole Durham, Jr.* Nathan Oman** Introduction The past century has seen dramatic change for The Church of Jesus Christ of Latter-day Saints–the “LDS” or “Mormon” Church. Only slightly over a century ago, the Church was floundering under the remorseless persecution of the federal government, and had just reached the end of the polygamy era. Over the intervening century, the Church has become acclimatized and accepted in the United States. It has experienced extraordinary growth both in the United States, where it is now the sixth largest denomination,1 and abroad, where the majority of its more than 11,000,000 members now reside.2 This growth has affected all areas of life within the Church, including the theory and practice of church-state relations. In the limited space available here, our aim is to give a brief picture of the change, and at the same time, to identify the constancy of underlying principles that can be seen beneath the surface of changing circumstances. * Susa Young Gates University Professor of Law and Director, BYU International Center for Law and Religion Studies, Brigham Young University; A.B. Harvard College, 1972; J.D., Harvard Law School, 1975. The authors wish to express appreciation to Elizabeth Clark, Timothy Rodriguez, and Amy Bennett for assistance with research and editing of this article. ** B.A., Brigham Young University, 1999; J.D. Candidate, Harvard Law School, 2003. The authors are writing in their individual capacities, and the views reflected in this article are solely their own. -
Dialogue, Volume 40, Number 4
DIALOGUE A Journal A of Journal Thought Mormon DIALOGUE Vo l u m e 4 0 O No. 4 O Winter 2007 DIALOGUE P. O . B o xSalt Lake City, UT 84158 5 8 4 2 3 Address Service Requested EDITORIAL STAFF Dialogue has gone digital! EDITOR Levi S. Peterson, Issaquah, WA ! Dialogue is available on DVD for $40. This PRODUCTION MANAGER Brent Corcoran, Salt Lake City, UT product requires a DVD drive. SUBMISSIONS OFFICE MANAGER Karrin Peterson, Sammamish, WA LETTERS EDITOR Kathleen Petty, Bellevue, WA ! Issues included are Volumes 1-39, 1966 HISTORY EDITOR To d d C o m p t o n , Mountain View, CA through the end of 2006. Updated yearly. PERSONAL VOICES EDITOR Mark Asplund, Seattle, WA DIALOGUE FICTION EDITOR Karen Rosenbaum, Kensington, CA ! Search easily by author name, article titles, A Journal of Mormon Thought POETRY EDITOR Karrin Peterson, Sammamish, WA issue numbers, and general word searches. BOOK REVIEW EDITOR Jana Remy, Irvine, CA A Complete Collection ART DIRECTOR Connie Disney, Salt Lake City, UT Volumes 1-39; 1966-2006 ! Print entire articles. COPY EDITOR Lavina Fielding Anderson, Salt Lake City, UT PROOFREADER Jani Fleet, Salt Lake City, UT WEBSITE EDITORS Jonathan A. Stapley, Bellevue, WA Read current issues of Dialogue electronically. David Banack, Fullerton, CA Now you are able to download the latest issues as soon as they are published. WEB TECHNICIAN John Remy, Irvine, CA Read, print or share articles with an e-subscription for only $25. BOARD OF DIRECTORS Stirling Adams, Chair, Orem, UT* Patrick Q. Mason, South Bend, IN Check out our website for newly available electronic M.