A Blow against Religious Freedom in Mississippi

July 22 2016

A federal judge in Mississippi issued a preliminary injunction last month preventing a religious-liberty law, just passed by the state legislature, from going into effect. The law, known as HB 1523, preserves the right of those with “sincerely held religious belief or moral conviction” about homosexual marriage to refrain from participating in or validating such marriages, provided their actions do not impede the ability of same-sex couples to marry. Calling the judge’s decision “extraordinarily misguided,” Richard A. Epstein explains his objections:

HB 1523 represents the kind of sensible accommodation that has long been the hallmark of religious liberty. . . . Judge Carlton W. Reeves struck down the Mississippi statute because he did not grasp the fundamental distinction between forcing others to yield to your beliefs and just asking to be left alone.

The new bill is intended to augment the state’s earlier Religious Freedom Restoration Act, which allowed restrictions on religious liberties when they compete with “a government interest of the highest magnitude.” Traditionally, Epstein points out,

this language meant that the state could curb religious freedom in order to prevent riots in public places. . . . Not anymore. . . . [T]he argument has [now] commonly been made that the elimination of discrimination in all areas of American life counts as a compelling state interest, of course of the highest magnitude. . . .

Judge Reeves’s decision goes even farther, identifying the mere refusal of, say, a caterer to provide food for a gay wedding as doing “harm” to the couple—even if there are multiple other local caterers the couple could choose from. Such an “overbroad” definition of harm, according to Epstein, sets a precedent where any slight, real or perceived, against one individual could be cause to limit the rights of another.

Read more at Defining Ideas

More about: American law, Freedom of Religion, Gay marriage, Politics & Current Affairs, RFRA

Syria Feels the Repercussions of Israel’s Victories

On the same day the cease-fire went into effect along the Israel-Lebanon border, rebel forces launched an unexpected offensive, and within a few days captured much of Aleppo. This lightening advance originated in the northwestern part of the country, which has been relatively quiet over the past four years, since Bashar al-Assad effectively gave up on restoring control over the remaining rebel enclaves in the area. The fighting comes at an inopportune for the powers that Damascus has called on for help in the past: Russia is bogged down in Ukraine and Hizballah has been shattered.

But the situation is extremely complex. David Wurmser points to the dangers that lie ahead:

The desolation wrought on Hizballah by Israel, and the humiliation inflicted on Iran, has not only left the Iranian axis exposed to Israeli power and further withering. It has altered the strategic tectonics of the Middle East. The story is not just Iran anymore. The region is showing the first signs of tremendous geopolitical change. And the plates are beginning to move.

The removal of the religious-totalitarian tyranny of the Iranian regime remains the greatest strategic imperative in the region for the United States and its allies, foremost among whom stands Israel. . . . However, as Iran’s regime descends into the graveyard of history, it is important not to neglect the emergence of other, new threats. navigating the new reality taking shape.

The retreat of the Syrian Assad regime from Aleppo in the face of Turkish-backed, partly Islamist rebels made from remnants of Islamic State is an early skirmish in this new strategic reality. Aleppo is falling to the Hayat Tahrir al-Sham, or HTS—a descendant of Nusra Front led by Abu Mohammed al-Julani, himself a graduate of al-Qaeda’s system and cobbled together of IS elements. Behind this force is the power of nearby Turkey.

Read more at The Editors

More about: Hizballah, Iran, Israeli Security, Syrian civil war, Turkey