Cole Durham

Last updated
W. Cole Durham Jr.
Cole Durham.jpg
Cole Durham at the 17th International Law and Religion Symposium, October 2010 (photo by BYU Law School Photographer, Matt Imbler)
Born(1948-02-26)26 February 1948
NationalityAmerican
Alma mater Harvard University (AB, JD)
OccupationLaw professor
Employer Brigham Young University
Academic work
Institutions J. Reuben Clark Law School
University of Vienna
Central European University

W. Cole Durham Jr. (born February 26, 1948) is an American educator. He is Susa Young Gates University Professor of Law and Director of the International Center for Law and Religion Studies (ICLRS) [1] at Brigham Young University's (BYU) J. Reuben Clark Law School (JRCLS). He is an internationally active specialist in religious freedom law, involved in comparative law scholarship, with a special emphasis on comparative constitutional law. In January 2009, the First Freedom Center granted him the International First Freedom Award, [2] in Richmond, Virginia.

Contents

Career

Durham is a graduate of Harvard College and Harvard Law School, where he was a Note Editor of the Harvard Law Review and Managing Editor of the Harvard International Law Journal . He is currently President of the International Consortium for Law and Religion Studies (ICLARS), [3] based in Milan, Italy, and Co-Editor-in-Chief of the Oxford Journal of Law and Religion. [4] From 1989 to 1994, he served as Secretary of the American Society of Comparative Law, [5] and he is also an Associate Member of the International Academy of Comparative Law [6] in Paris—the premier academic organization at the global level in Comparative Law. He served, along with Javier Martínez-Torrón of Complutense University of Madrid, as a General Rapporteur for the topic "Religion and the Secular State" [7] at the 18th International Congress of Comparative Law, held in Washington, D.C., in July 2010. He has served as chair of both the Comparative Law Section and the Law and Religion Section of the Association of American Law Schools.

Durham has taught at BYU's JRCLS since 1976. He was awarded the honorary designation of University Professor there in the fall of 1999. On January 1, 2000, he was named director of the International Center for Law and Religion Studies within the JRCLS. Since 1994, Durham has been a Recurring Visiting professor of law at Central European University in Budapest, where he teaches comparative constitutional law to students from throughout Eastern Europe, and increasingly from Asia and Africa as well. He has been a guest professor in Gutenberg University in Mainz, Germany and at the University of Vienna.

Law reform

Durham has been involved in constitutional drafting projects in Nepal (2011 and 2009), Thailand (2007), and Iraq (2005–06). He has worked on constitutional and statutory drafting projects throughout Eastern Europe and in most former Soviet bloc countries. He has been active in matters involving relations between religion and the state, though he also has extensive experience with comparative criminal law and non-profit law. He served for many years as a member of the Organization for Security and Co-operation in Europe/Office for Democratic Institutions and Human Rights’s Advisory Council on Freedom of Religion or Belief. [8] He is Vice President of the International Academy for Freedom of Religion and Belief. [9] [10] He serves as a board member of church-state centers at DePaul and Baylor Universities, of the International Religious Liberty Association, and of the International Advisory Board of the Oslo Coalition on Freedom of Religion or Belief. [11]

Durham also works on laws governing the civil society sector, having served as chairman of the Board of the International Center for Not-for-Profit Law [12] in Washington, D.C., and also served on its board for several years. Durham has played a role in advising governments throughout much of the former socialist bloc on constitutional provisions and legislation dealing with criminal law and procedure, court structure, general constitutional issues, and the law of associations, including particularly religious associations. Durham has studied religious law in many parts of eastern Europe, and in countries such as Bulgaria he made public statements intended to halt the enactment of laws that would have negative effects on religious liberty. [13]

Durham speaks at a two summit on freedom of religion held at the Foreign & Commonwealth Office in London on October 20, 2016. Freedom of religion or belief (30330290942).jpg
Durham speaks at a two summit on freedom of religion held at the Foreign & Commonwealth Office in London on October 20, 2016.

Durham has helped organize technical assistance to law reform projects and comparative law conferences in countries around the world. This has included consultations on constitutional issues and laws in Albania, Argentina, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Chile, China, Croatia, the Czech Republic, Dominican Republic, Estonia, France, Georgia, Hungary, Indonesia, Iraq, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Macedonia, Moldova, Mexico, Nepal, Nigeria, Peru, Romania, Russia, Rwanda, Samoa, Serbia, Slovakia, Slovenia, Tajikistan, Thailand, Ukraine, and Vietnam. In the United States, Durham organized a series of conferences [14] on comparative law issues at Brigham Young University, which have brought together some 850 scholars and experts dealing with comparative constitutional law themes from more than 100 countries.

Durham has testified before the U.S. Congress in hearings on religious intolerance in Europe and on the Religious Liberty Protection Act. [15]

In the wake of the United States Supreme Court ruling in Employment Division v. Smith, Durham testified to the House Judiciary Committee on the negative effects of this ruling. [16]

In March 2010, Durham testified via video conference during hearings before the Constitutional Court of Indonesia concerning proposed revision of Indonesia's 1965 Blasphemy Law. [17]

In June 2011, Durham and his colleagues at the International Center for Law and Religion Studies filed an amicus brief [18] in the U.S. Supreme Court case concerning the hiring practices of a Lutheran church school. [19]

Publications

Personal life

Durham is a member of the Church of Jesus Christ of Latter-day Saints. As a young man he served a thirty-month mission for the church in Germany. He is married to Louise Gardiner and they are the parents of four children.

Related Research Articles

<span class="mw-page-title-main">First Amendment to the United States Constitution</span> 1791 amendment limiting government restriction of civil rights

The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.

<span class="mw-page-title-main">Freedom of religion</span> Human right to practice, or not, a religion without conflict from governing powers

Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the right not to profess any religion or belief or "not to practise a religion".

<span class="mw-page-title-main">Rex E. Lee</span> American lawyer (1935–1996)

Rex Edwin Lee was an American lawyer and academic who served as the 37th solicitor general of the United States from 1981 to 1985. He was responsible for bringing the solicitor general's office to the center of U.S. legal policymaking. During his tenure, Lee argued 59 cases before the U.S. Supreme Court.

<span class="mw-page-title-main">Dallin H. Oaks</span> Apostle of The Church of Jesus Christ of Latter-day Saints

Dallin Harris Oaks is an American religious leader and former jurist and academic who since 2018 has been the first counselor in the First Presidency of the Church of Jesus Christ of Latter-day Saints. He was called as a member of the church's Quorum of the Twelve Apostles in 1984. Currently, he is the second most senior apostle by years of service and is the President of the Quorum of the Twelve Apostles.

<span class="mw-page-title-main">State atheism</span> Official promotion of atheism by a government

State atheism or atheist state is the incorporation of hard atheism or non-theism into political regimes. It is considered the opposite of theocracy and may also refer to large-scale secularization attempts by governments. To some extent, it is a religion-state relationship that is usually ideologically linked to irreligion and the promotion of irreligion or atheism. State atheism may refer to a government's promotion of anti-clericalism, which opposes religious institutional power and influence in all aspects of public and political life, including the involvement of religion in the everyday life of the citizen. In some instances, religious symbols and public practices that were once held by religions were replaced with secularized versions of them. State atheism in these cases is considered as not being politically neutral toward religion, and therefore it is often considered non-secular.

Freedom of religion in Germany is guaranteed by article 4 of the German constitution. This states that "the freedom of religion, conscience and the freedom of confessing one's religious or philosophical beliefs are inviolable. Uninfringed religious practice is guaranteed." In addition, article 3 states that "No one may be prejudiced or favored because of his gender, his descent, his race, his language, his homeland and place of origin, his faith or his religious or political views." Any person or organization can call the Federal Constitutional Court of Germany for free help.

<span class="mw-page-title-main">Freedom of religion in the United States</span>

In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. As stated in the Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". George Washington stressed freedom of religion as a fundamental American principle even before the First Amendment was ratified. In 1790, in a letter to the Touro Synagogue, he expressed the government “gives to bigotry no sanction” and “to persecution no assistance." Freedom of religion is linked to the countervailing principle of separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson.

The International Center for Law and Religion Studies (ICLRS), part of the J. Reuben Clark Law School (JRCLS) at Brigham Young University (BYU), was formally founded on January 1, 2000, to promote freedom of religion worldwide and to study the relations between governments and religious organizations. The ICLRS strives to be a global academic leader in the field of international religious freedom. The ICLRS was built upon the work of law professor Cole Durham, who was named its founding director. Brett Scharffs has been the ICLRS director since May 2016.

Bruce Clark Hafen is an American attorney, academic and religious leader. He has been a general authority of the Church of Jesus Christ of Latter-day Saints since 1996.

<span class="mw-page-title-main">Kevin J Worthen</span> American lawyer and educational administrator

Kevin J Worthen is an American professor who served as the 13th president of Brigham Young University (BYU) from 2014 to 2023. From 2010 to 2021, he also served as an area seventy in The Church of Jesus Christ of Latter-day Saints. Worthen served previously at BYU as the Advancement Vice President and as dean of the J. Reuben Clark Law School (JRCL).

Douglas Laycock is the Robert E. Scott Distinguished Professor at the University of Virginia School of Law, and a leading scholar in the areas of religious liberty and the law of remedies. He also serves as the 2nd Vice President of the American Law Institute and is an elected Fellow of the American Academy of Arts & Sciences.

Dean M. Kelley was an American legal scholar, religious freedom advocate, author, and executive with the National Council of Churches (NCC), where his work was mainly concerned with religious liberty issues. He also served on the board of the American Civil Liberties Union (ACLU).

Daniel G. Fefferman is a church leader and activist for the freedom of religion. He is a member of the Unification Church of the United States, a branch of the international Unification Church founded by Sun Myung Moon in South Korea in 1954.

Iain Tyrrell Benson is a legal philosopher and practising legal consultant. The main focus of his work in relation to law and society has been to examine some of the various meanings that underlie terms of common but confused usage. His work towards an understanding of secular and secularism has been cited by the Supreme Court of Canada and the Constitutional Court of South Africa. He has also given critical study to the terms pluralism, faith, believer, unbeliever, liberalism and accommodation and examined the implications for various legal and non-legal usages.

<span class="mw-page-title-main">James Rasband</span> American academic (born 1963)

James R. Rasband is an American academic and religious leader who has been a general authority of the Church of Jesus Christ of Latter-day Saints since April 2019. He was previously the Academic Vice President (AVP) at Brigham Young University (BYU) from June 2017 until shortly after he was called as a general authority. He also previously served as dean of the J. Reuben Clark Law School (JRCLS). He has also been the Hugh W. Colton Professor of Law.

Law and religion is the interdisciplinary study of relationships between law, especially public law, and religion. Over a dozen scholarly organizations and committees focussing on law and religion were in place by 1983, and a scholarly quarterly, the Journal of Law and Religion, was first published that year. The Ecclesiastical Law Journal began publication in 1987. The Rutgers Journal of Law and Religion was founded in 1999. The Oxford Journal of Law and Religion was founded in England in 2012.

<span class="mw-page-title-main">Hannah Clayson Smith</span> American lawyer

Hannah Clayson Smith is an American attorney with the firm Schaerr Jaffe. Smith is a senior fellow at the International Center for Law and Religion Studies at Brigham Young University (BYU) and a member of the Board of Directors of the Religious Freedom Institute.

The status of religious freedom in South America varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.

<span class="mw-page-title-main">Offending religious feelings (Poland)</span> Polish blasphemy law

Offending religious feelings is a blasphemy law in Poland. According to Article 196 of the Penal Code: "Whoever offends the religious feelings of other persons by publicly insulting an object of religious worship, or a place designated for public religious ceremonies, is liable to pay a fine, have their liberty limited, or be deprived of their liberty for a period of up to two years."

Freedom of religion is recognized as a legal right in Hungary. The Fundamental Law of Hungary establishes the country as being founded on Christian values but guarantees the right to freedom of religion and freedom from religious discrimination. The history of religious freedom in Hungary has varied, with freedom of religion first recognized in 1919 before being restricted by Communist rule in the mid-20th century. Religious rights were restored following the end of Communism in Hungary, but the government under Viktor Orbán has been criticized for its restriction of religious freedoms.

References

  1. International Center for Law and Religion Studies
  2. "International First Freedom Award". Archived from the original on 2011-11-15. Retrieved 2011-10-15.
  3. International Consortium for Law and Religion Studies
  4. Oxford Journal of Law and Religion [ dead link ]
  5. "American Society of Comparative Law". Archived from the original on 2006-04-02. Retrieved 2011-10-15.
  6. International Academy of Comparative Law Archived 2011-11-12 at the Wayback Machine
  7. 18th International Congress of Comparative Law
  8. Advisory Council on Freedom of Religion or Belief
  9. "International Academy for Freedom of Religion and Belief". Archived from the original on 2012-03-29. Retrieved 2011-10-15.
  10. "W. Cole Durham Jr.: Wise as a Serpent and Harmless as a Dove - Y Magazine". magazine.byu.edu. Retrieved 2024-11-07.
  11. Oslo Coalition on Freedom of Religion or Belief Archived 2011-09-27 at the Wayback Machine
  12. International Center for Not-for-Profit Law
  13. article from a Sofia paper including such statements from Durham
  14. http://www.iclrs.org
  15. protection Act of 1999 "Religious liberty protection act of 1999". November 7, 2024.{{cite web}}: Check |url= value (help)
  16. "Apostle testifies for religious freedom bill", Church News , June 27, 1998.
  17. "Religion Minister Defends Indonesia's Blasphemy Law". Archived from the original on 2010-05-25. Retrieved 2011-10-15.
  18. in support of the petitioner [ permanent dead link ]
  19. Hosanna-Tabor Evangelical Lutheran Church v. EEOC
  20. Religion and the Law: National, International, and Comparative Perspectives (Aspen 2010)
  21. Religious Organizations of the Law
  22. Religious Liberty in Western Thought
  23. Law and Religion in Post-Communist Europe
  24. Facilitating Freedom of Religion or Belief: A Deskbook (2004) Brill (under the Martinus Nijhoff imprint)
  25. Religious Organizations in the United States (2006), Carolina Academic Press
  26. Durham CV at International Center for Law and Religion Studies website