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Religious Freedom and the Constitution

Author: Christopher L. Eisgruber

Publisher: Harvard University Press

Published: 2010-04-10

Total Pages: 346

ISBN-13: 0674034457

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

The Agnostic Age

Author: Paul Horwitz

Publisher: Oxford University Press

Published: 2011-02-17

Total Pages: 351

ISBN-13: 019973772X

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"Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.

Law, Religion, Constitution

Author: Dr Cristiana Cianitto

Publisher: Ashgate Publishing, Ltd.

Published: 2013-09-28

Total Pages: 444

ISBN-13: 1472416155

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What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

Religion and the Constitution

Author: Michael W. McConnell

Publisher:

Published: 2006

Total Pages: 0

ISBN-13: 9780735561373

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Refresh your course in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law with this timely revision. Religion and the Constitution, Second Edition, pays careful attention to significant recent developments as it

Religion and the Constitution

Author: Michael W. McConnell

Publisher: Aspen Publishing

Published: 2016-02-29

Total Pages: 910

ISBN-13: 145487614X

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Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.

Religion and the Constitution, Volume 2

Author: Kent Greenawalt

Publisher: Princeton University Press

Published: 2008-05-19

Total Pages: 568

ISBN-13: 1400828236

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Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Religion and the Constitution

Author: Kent Greenawalt

Publisher: Princeton University Press

Published: 2006

Total Pages: 478

ISBN-13: 9780691125824

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Constitution Writing, Religion and Democracy

Author: Aslı Ü. Bâli

Publisher: Cambridge University Press

Published: 2018-06-21

Total Pages: 0

ISBN-13: 9781107694545

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What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Prison Religion

Author: Winnifred Fallers Sullivan

Publisher: Princeton University Press

Published: 2011-09-06

Total Pages: 320

ISBN-13: 1400830370

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More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In Prison Religion, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. Americans United for the Separation of Church and State v. Prison Fellowship Ministries, a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. Prison Religion casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.

Religion and the Constitution

Author: Michael W. McConnell

Publisher: Aspen Publishers

Published: 2011

Total Pages: 0

ISBN-13: 9780735507180

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Religion and the Constitution, Third Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. The Third Edition has been completely updated with discussions of recent important cases and includes expanded discussion of key topic areas. Professors McConnell, Garvey, and Berg bring years of experience and insight to teaching students about Religion and the Constitution Broad recurring themes place current debate in context: Free exercise of religion in the face of government regulation Government financial assistance to religious institutions The role of religion in government institutions, such as schools Notes and questions connect constitutional and religious history with current constitutional issues. The combination of notes and problems allows both depth of understanding and application of knowledge to new issues. The interrelation between free exercise and establishment clauses is examined and thoroughly explained. Historical background materials judiciously integrated with current constitutional issues provide students with the context that facilitates deeper understanding. Lightly edited cases promote in-depth case analysis. New to the Third Edition Up-to-date coverage of new decisions. Expanded discussion of standing in both funding and symbols cases (including Hein and Buono). Expanded discussion of freedom of religious association (including CLS v. Martinez). Additional references to international and comparative materials.