Religion and Politics

Today’s readings focus more directly on the role and influence of religion in political and legal argument.  That is a subject that really warrants an entire course, but we’ll do what we can with one class.  

In Harlan, the Colorado Supreme Court vacates a jury verdict imposing the death penalty because of evidence that jurors brought Bibles into the jury room to texts like Leviticus 24 and Romans 13. The court says that an individual juror can “rely on and discuss with the other jurors during deliberation his or her religious upbringing, education, and beliefs in making the extremely difficult decision [regarding the death penalty]. We hold only that it was improper for a juror to bring the Bible into the jury room.” Does this line-drawing make sense?

In Branch Ministries, a tax-exempt church placed full-page ads urging Christians not to vote for Bill Clinton. In response to the group’s involvement in politics, the IRS revoked its tax-exempt status. Ultimately, the D.C. Circuit found no “substantial burden.” Is the court right?

Reading Assignment:

• People v. Harlan, 109 P.3d 616 (Colo. 2005)

• Branch Ministries v. Rossotti, 211 F.3d 137 (D.C. Cir. 2000)

• Executive Order of Donald J. Trump (May 4, 2017)