The Religion Clauses

The Religion Clauses PDF

Author: Erwin Chemerinsky

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 241

ISBN-13: 0190699736

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"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--

Religious Freedom and the Constitution

Religious Freedom and the Constitution PDF

Author: Christopher L. Eisgruber

Publisher: Harvard University Press

Published: 2010-04-10

Total Pages: 346

ISBN-13: 0674034457

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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.

A Nation Dedicated to Religious Liberty

A Nation Dedicated to Religious Liberty PDF

Author: Arlin M. Adams

Publisher: University of Pennsylvania Press

Published: 2015-02-23

Total Pages: 189

ISBN-13: 0812292324

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Here is a concise overview of the historical development and judicial interpretation of the First Amendment religion clauses. It begins with a survey of the history of American religious liberty, goes on to present the views of the Founding Fathers, and then considers the core value of religious liberty and the constitutional purposes that implement that value. the book ends on a practical note by applying these principles to questions of equal access, religious symbolism in public life, and the task of defining religion for constitutional purposes. As the authors note in their introduction, "the historical principles that animate the religion clauses are more than an abstract intellectual exercise. . . . They provide an essential context for guiding the resolution of modern religious liberty issues."

Religious Liberty, Volume 2

Religious Liberty, Volume 2 PDF

Author: Douglas Laycock

Publisher: Wm. B. Eerdmans Publishing

Published: 2011-04-07

Total Pages: 872

ISBN-13: 1467434299

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For more than thirty years, Douglas Laycock has been studying, defending, and writing about religious liberty. In this second volume of the comprehensive collection of his writings on the subject, he has compiled articles, amicus briefs, and actual court documents relating to regulatory exemptions under the Constitution, the right to church autonomy, and the rights of non-mainstream religions. This collection — which deals with religious schools and colleges, sex abuse cases, the rights of Hare Krishnas and Scientologists, the landmark decision Employment Division v. Smith, and more — will be a valuable reference for churches, schools, and other religious organizations as they exercise their Constitutionally protected freedom of religion.

The Myth of American Religious Freedom

The Myth of American Religious Freedom PDF

Author: David Sehat

Publisher: Oxford University Press

Published: 2011-01-14

Total Pages: 368

ISBN-13: 0199793115

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In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.

All Imaginable Liberty

All Imaginable Liberty PDF

Author: Francis Graham Lee

Publisher: University Press of America

Published: 1995

Total Pages: 196

ISBN-13: 9780819198860

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How were religious minorities treated in colonial times? What role did Catholics play in framing the religious liberty clauses of the First Amendment? How does the Supreme Court apply the sometimes contradictory commands of the free exercise and nonestablishment clauses? All Imaginable Liberty answers these questions in its tracing of the development of religious liberty from colonial times to the present. Articles by historians, political scientists, and lawyers explore the evolution of religious freedom and examine the role of the Supreme Court in extending and defining religious freedom. Francis Graham Lee introduces each section, addressing each article's contribution to the understanding of religious liberty in the contemporary United States.