Multi-Tiered Marriage: Ideas and Influences from New York and Louisiana to the International Community

This Article contends that society in the United States needs to hold a genuine discussion about alternatives to current conceptions of marriage and family law jurisdiction. Specifically, the Article suggests that the civil government should consider ceding some of its jurisdictional authority over marriage and divorce law to religious communities that are competent and capable of adjudicating the marital rites and rights of their respective adherents. There is historical precedent and preliminary movement toward this end--both within and without the United States--which might serve as the framework for further discussions. Within the United States, the relatively new covenant marriage statutes of Louisiana, Arizona, and Arkansas provide a form of two-tiered marriage and divorce law. But there is even an earlier, and potentially more profound, example in New York\u27s get statutes. New York\u27s laws derive from civil statutes that deal with specific problems raised by the intersection of civil law and Jewish law in marriage and divorce situations. New York\u27s laws implicitly acknowledge that there are multiple understandings of the marital relationship already present among members of society. These examples from within the United States lay the groundwork for a heartier discussion of the proper role of the state and other groups with respect to marriage and divorce law. As part of that discussion, the Article contends that the United States should look outward, to the practices of other countries. Several other nations--including India, Kenya, South Africa, and others--have ensconced multiple understandings of marriage in their own civil laws. That is, the state has (to varying degrees) ceded control and authority of marriage to other tribunals--or it has reified more than one understanding of marriage in its civil law. Such multiple understandings are generally predicated upon religious grounds. These other nations and their comparative practices could serve as predecessors for new understandings of a more robust pluralism at U.S. law

Dual Lenses: Using Theology and International Human Rights to Assess China\u27s 2005 Regulations on Religion

In order for China to move forward in the international community, it needs to continue to improve its standing on human rights issues. Of particular concern to many observers is the relationship between the government and religion. While foreign religious organizations and missionaries are still heavily regulated by a 1994 law, a new law respecting religious citizens and organizations within China went into effect in 2005. This new law is salutary in some respects in that it provides a much fuller delineation of the relationship between government and religion within China, and it appears more solicitous toward religious rights than previous regulations. But the new law is very vague in places and contains several provisions that could be troublesome and problematic depending on how and whether they are implemented. This paper is primarily built on a lecture given at Fuller Theological Seminary in 2005. Its premise is that international human rights laws are a useful but not sufficient benchmark by which to assess China\u27s law. It is also important to understand the theological premises of some of the religious communities and believers for a broader measure of the efficacy and fairness of China\u27s law. By focusing upon and using these dual lenses of law and religion, the paper offers both preliminary assessments of the 2005 law and also some possible ways forward that will further China\u27s efforts to respect its heritage while simultaneously allowing it to better align itself with prevailing international norms regarding religious rights and obligations

Faith and Faithfulness: Vocation as Self, Others, and a Third Thing

Many of us are prone to thinking in binaries—in “either/or” categories, or in black-and-white thinking. Lawyers seem to be especially skilled at this, as we are trained to identify two things and then try to navigate between them or name their similarities and differences. But staying within that framework can be unhelpful, and even stifling, at times. This Essay explores the intersection of faith and the practice of law, especially the idea of vocation. It offers an approach to get out of the binary by suggesting that looking at a third thing is essential. For vocation, this includes (1) listening to one’s own call (self); (2) connecting relationally and serving others (others); and (3) acknowledging that God, the Holy One, is always and already present in every space that we walk into and every situation that we are in. By adding this “third thing” and living into it more fully, we can approach our vocation—our calling—with a strong sense of meaning that is simultaneously coupled with a heavy dose of humility

When the State is Evil: Biblical Civil (Dis)Obedience in South Africa

(Excerpt) A close reading of the New Testament, though, reveals that there is not one uniform answer to this question. The New Testament does not prescribe one appropriate stance for Christians to take against the civil authorities. Rather, there appear to be alternate (or perhaps various) stances that are permitted, depending on the exigencies of the time and the various circumstances. To explore this thesis, Part I explores biblical texts in Acts-Jude that speak to the relationship between Christians and the civil government, with a particular focus upon Acts 5:28 and Romans 13:1-7. Part II, which is the heart of the Article, provides a modern case study of the use of the two competing biblical themes of submission versus resistance; the South African apartheid regime, and resistance to the same, provide the backdrop. Finally, in the Conclusion we offer some reflections on what modern Christians might learn from the biblical texts and the South African experience

When the State is Evil: Biblical Civil (Dis)Obedience in South Africa

(Excerpt) A close reading of the New Testament, though, reveals that there is not one uniform answer to this question. The New Testament does not prescribe one appropriate stance for Christians to take against the civil authorities. Rather, there appear to be alternate (or perhaps various) stances that are permitted, depending on the exigencies of the time and the various circumstances. To explore this thesis, Part I explores biblical texts in Acts-Jude that speak to the relationship between Christians and the civil government, with a particular focus upon Acts 5:28 and Romans 13:1-7. Part II, which is the heart of the Article, provides a modern case study of the use of the two competing biblical themes of submission versus resistance; the South African apartheid regime, and resistance to the same, provide the backdrop. Finally, in the Conclusion we offer some reflections on what modern Christians might learn from the biblical texts and the South African experience

"Come Now Let Us Reason Together": Restoring Religious Freedom in America and Abroad"

This Article challenges the criticisms of religious freedom that have emerged among recent academics and politicians, and the growing subordination of religious freedom to sexual freedom claims. In particular, we analyze recent critical scholarship that claims that religious liberty was not important to the American founders and that calls for the removal of special religious exemptions and accommodations because they are said to threaten other fundamental rights and to privilege religion unfairly. These critical arguments we find historically false, philosophically misguided, sociologically one-sided, and increasingly dangerous given the perilous state of religious freedom around the world today. We call for a return to the founders’ insights that religion deserves special constitutional protection and that religious freedom must be open to all forms of religion and belief. We also call for a proper balancing of the enduring principles of freedom of conscience, free exercise of religion, religious pluralism, religious equality, separation of church and state, and disestablishment of religion, which together have helped forge the unique protection of religious freedom that America holds out to all its citizens, and to the world

Who Governs the Family? Marriage as a New Test Case of Overlapping Jurisdictions

In many areas of law and society, religion and law exercise “overlapping jurisdictions.” Often such overlapping claims concern institutions that have both religious and political dimensions, such as education and schooling; charity and social welfare; and marriage and family life. It is the third of these mixed institutions – marriage and the family – that is the focus of this Essay. The headline battles today are over what forms of marriage should be recognized by the state: straight versus same sex marriage, contract versus covenant marriage, monogamous versus polygamous marriage, and more. But an emerging battle concerns not the forms of marriage, but the forums in which marriage and family cases are adjudicated. Specifically, the new battle is looming over the place of faith-based family laws and religious tribunals. But hard questions persist that cannot be easily swept away with a mere assertion that religious groups should enjoy autonomy over the marriage and family affairs of their voluntary faithful. Those are the questions that we have been probing and encouraging others to probe in this and prior writings: What are the appropriate lines between the civil state and religions with respect to marriage? Civil marriage and divorce are perhaps a least common denominator for all citizens, but can there be variations if accompanied by base level protections for women and children? And how can the state best protect vulnerable members and also advance its liberal ends? Such hard questions need not lead to a jurisdictional stand-off between law and religion, however, nor to a universal and over-reaching claim by the state. Instead, negotiation, compromise, and mutual respect may lead to more nuanced and achievable results – especially if we are careful not to be so distracted by conversations about the propriety of Shari'a that we miss the actual complications of the growing marital and legal pluralism in the United States

Incorporating Hydrologic Data and Ecohydrologic Relationships into Ecological Site Descriptions

The purpose of this paper is to recommend a framework and methodology for incorporating hydrologic data and ecohydrologic relationships in Ecological Site Descriptions (ESDs) and thereby enhance the utility of ESDs for assessing rangelands and guiding resilience-based management strategies. Resilience-based strategies assess and manage ecological state dynamics that affect state vulnerability and, therefore, provide opportunities to adapt management. Many rangelands are spatially heterogeneous or sparsely vegetated where the vegetation structure strongly influences infiltration and soil retention. Infiltration and soil retention further influence soil water recharge, nutrient availability, and overall plant productivity. These key ecohydrologic relationships govern the ecologic resilience of the various states and community phases on many rangeland ecological sites (ESs) and are strongly affected by management practices, land use, and disturbances. However, ecohydrologic data and relationships are often missing in ESDs and state-and-transition models (STMs). To address this void, we used literature to determine the data required for inclusion of key ecohydrologic feedbacks into ESDs, developed a framework and methodology for data integration within the current ESD structure, and applied the framework to a select ES for demonstrative purposes. We also evaluated the utility of the Rangeland Hydrology and Erosion Model (RHEM) for assessment and enhancement of ESDs based in part on hydrologic function. We present the framework as a broadly applicable methodology for integrating ecohydrologic relationships and feedbacks into ESDs and resilience-based management strategies. Our proposed framework increases the utility of ESDs to assess rangelands, target conservation and restoration practices, and predict ecosystem responses to management. The integration of RHEM technology and our suggested framework on ecohydrologic relations expands the ecological foundation of the overall ESD concept for rangeland management and is well aligned with resilience-based, adaptive management of US rangelands. The proposed enhancement of ESDs will improve communication between private land owners and resource managers and researchers across multiple disciplines in the field of rangeland management