In this essay, I recount the history of the founding and early years of the Journal of Law and Religion from its origins in the Committee on Religion and Law through the editorial transitions in 1988 that led to a second phase of JLR’s history. In recounting this history, I focus on the exceptional scholars who brought JLR into existence and nurtured its growth during those early years, creating, in the process, not only new academic endeavor but a community and a kind of family.

The state of the Free Exercise Clause in U.S. constitutional law is uncertain. With an opportunity in Fulton v. Philadelphia to clarify the vitality of the current standard from Employment Division v. Smith, the United States Supreme Court has declined to do so. The lasting impact of Smith has been to move away from directly requiring government justifications for infringing free exercise. Instead, courts now use neutrality and general applicability as heuristics for government justification. Yet, relying solely on neutrality and general applicability to proxy for government justification when infringing religious exercise distracts courts from conducting a fact-based inquiry. This article demonstrates how more scrutiny of the legislative facts in free exercise doctrine may serve as a viable alternative to Smith’s flawed approach for evaluating government justifications. The author first shows empirically how more factual scrutiny—directly requiring the government to justify its actions with evidence—can benefit government and religious claimants and then discusses the normative advantages of a fact-intensive approach to constitutional scrutiny. During a moment of sharp division over religious freedom and other competing rights, factual scrutiny can be a powerful tool for handling free exercise challenges and promoting responsible religious freedom.

This article discusses the significance of the extensive data-gathering procedures incorporated into recent synodal preparations and how they advance Pope Francis’s commitment to forging a church informed by a dialogue between theological ideas and empirical realities. Drawing on my prior case analysis of the Synod on the Family, I argue that despite the limits in place then on lay participation in the formal synod discussions, the diversity of the laity’s self-reported experiences penetrated the bishops’ deliberations. This achievement is in part a function of the synod communication structure whereby participants are allocated to shared-language groups, thus avoiding self-selection based on a priori doctrinal or country-specific biases; the resulting (forced) dialogue with difference helps foster the gradual development of more inclusive doctrinal framings as seen in the post-synodal Amoris Laetitia. In a historic expansion, the Synod on Synodality formally includes lay voting participants and therefore lay perspectives will directly shape the synod proposal outcomes. Like the bishops, lay Catholics do not speak with one voice, and thus the task of finding moral consensus will still necessarily require respectful mutual listening and reciprocal dialogue.

The Reverend Dr. Martin Luther King, Jr. was concerned about both poverty and race, inextricably linked because of the long and brutal history of racial injustice in housing, employment, and education. What Dr. King called the beloved community reflected a vision of a world built on peace, human dignity, and shared material abundance for all people. To explore this linkage of poverty and race, I employ two related Christian theological concepts: the universal destiny of the goods of the earth and the social mortgage that encumbers all private property to ensure the equitable provision of those goods to all and for all generations. I analyze the ways in which the universal destiny of goods can be mediated through U.S. property law by structuring the ownership and use of land and buildings within the context of social obligation. But while the law has the capacity to ensure ownership, security, and infrastructure for all, U.S. society has failed to make the necessary payments on the social mortgage that would create this reality—a failure due primarily to severe racial and economic injustices, both historical and contemporary. Yet there is hope: I present examples that offer glimpses of the beloved community.

After its initial founding by the Council on Religion and Law at Harvard, the Journal of Law and Religion had its first life at Hamline University School of Law beginning in 1983. This essay is a history of its second life—from 1987/1988 to 2013—describing the vision and the people who pursued that vision through the journal in those years and some of the roundtables and symposia it published.

This article examines the evolution of the Russian Orthodox Church’s identities and political alignments from the post-Soviet era to the present in three chronological phases. First, the author explores the church’s varied post-Soviet identities shaped by experiences of repression, collaboration, dissidence, and emigration from 1991 to approximately 2010. The author identifies key legislative and political developments between 2010 and 2021 that have aligned the Russian Orthodox Church with the autocratic state. Finally, the author analyzes the shifting stance of the Moscow Patriarchate on Ukraine from 2014 to 2022, including Patriarch Kirill’s support for Russia’s full-scale war against Ukraine since 2022, which is interpreted as a continuation of the church’s historical role as a collaborator during Soviet times. The author argues that the church’s contemporary role is confined to providing ritualistic and spiritual legitimization for state ideology, perpetuating a logic of authority, control, obedience, and dichotomous friend/enemy thinking reminiscent of Soviet-era security services. Through this analysis, the author reveals how the state and church leadership of the past decades has strategically positioned the church in preparation for conflict.