Free Exercise of Religion in the Liberal Polity

Free Exercise of Religion in the Liberal Polity

Author: Emily R. Gill

Publisher: Springer Nature

Published: 2019-08-21

Total Pages: 296

ISBN-13: 3030250377

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This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.


Book Synopsis Free Exercise of Religion in the Liberal Polity by : Emily R. Gill

Download or read book Free Exercise of Religion in the Liberal Polity written by Emily R. Gill and published by Springer Nature. This book was released on 2019-08-21 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.

The Myth of American Religious Freedom

The Myth of American Religious Freedom

Author: David Sehat

Publisher: Oxford University Press

Published: 2011-01-14

Total Pages: 368

ISBN-13: 9780199793112

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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.


Book Synopsis The Myth of American Religious Freedom by : David Sehat

Download or read book The Myth of American Religious Freedom written by David Sehat and published by Oxford University Press. This book was released on 2011-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Religion, Public Life, and the American Polity

Religion, Public Life, and the American Polity

Author: Luis F. Lugo

Publisher: Univ. of Tennessee Press

Published: 1995

Total Pages: 290

ISBN-13: 9781572332614

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Book Synopsis Religion, Public Life, and the American Polity by : Luis F. Lugo

Download or read book Religion, Public Life, and the American Polity written by Luis F. Lugo and published by Univ. of Tennessee Press. This book was released on 1995 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Religion Clauses

The Religion Clauses

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"--


Book Synopsis The Religion Clauses by : Erwin Chemerinsky

Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press, USA. This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 in the Liberal State

Religious Freedom in the Liberal State

Author: Rex Ahdar

Publisher: OUP Oxford

Published: 2013-03-21

Total Pages: 528

ISBN-13: 0191648728

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Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.


Book Synopsis Religious Freedom in the Liberal State by : Rex Ahdar

Download or read book Religious Freedom in the Liberal State written by Rex Ahdar and published by OUP Oxford. This book was released on 2013-03-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

Religion in the Liberal Polity

Religion in the Liberal Polity

Author: Terence Cuneo

Publisher:

Published: 2005

Total Pages: 288

ISBN-13:

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A collection of essays on the subject of religion, public discourse, and modern liberal democracy. The essays are divided into two sections, including a number of well-known contributors. 1. Foundations: Rights and Authorities, 2. Religious Reasons and Virtuous Conduct.


Book Synopsis Religion in the Liberal Polity by : Terence Cuneo

Download or read book Religion in the Liberal Polity written by Terence Cuneo and published by . This book was released on 2005 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the subject of religion, public discourse, and modern liberal democracy. The essays are divided into two sections, including a number of well-known contributors. 1. Foundations: Rights and Authorities, 2. Religious Reasons and Virtuous Conduct.

Freedom of Religion and the Secular State

Freedom of Religion and the Secular State

Author: Russell Blackford

Publisher: John Wiley & Sons

Published: 2012-02-07

Total Pages: 219

ISBN-13: 0470674032

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Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.


Book Synopsis Freedom of Religion and the Secular State by : Russell Blackford

Download or read book Freedom of Religion and the Secular State written by Russell Blackford and published by John Wiley & Sons. This book was released on 2012-02-07 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.

Religious Liberty Under the Free Exercise Clause

Religious Liberty Under the Free Exercise Clause

Author: United States. Department of Justice. Office of Legal Policy

Publisher:

Published: 1988

Total Pages: 190

ISBN-13:

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Book Synopsis Religious Liberty Under the Free Exercise Clause by : United States. Department of Justice. Office of Legal Policy

Download or read book Religious Liberty Under the Free Exercise Clause written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1988 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Nation Under God?

A Nation Under God?

Author: Thomas L. Krannawitter

Publisher: Rowman & Littlefield Publishers

Published: 2005-09-08

Total Pages: 263

ISBN-13: 1461609941

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A Nation Under God? raises the question of why the ACLU relentlessly attacks public expressions of mainstream religious faith. The answer, according to the book's argument, is that the work of the ACLU is informed by a larger political project-modern liberalism-to transform American government and society into an administrative-welfare state. Modern liberalism requires two decisive changes in American politics if it is to be successful: First, the government of limited powers mandated by the Constitution must become a government of unlimited powers and scope. Second, free, self-reliant, and independent citizens must become dependent on and understand themselves as subservient to government. The ACLU's drive to remove religion and morality from the public square advances both goals. Limited, constitutional government rests on the idea that rights come from God; the power of government should be limited commensurate to the limited purpose of legitimate government: to protect our natural, God-given rights. With God removed from the public square, it becomes much easier politically to argue that government is the source of rights, and that every expansion of government power is tantamount to an expansion of rights. Further, self-reliant citizens are not in need of and are unlikely to support large government welfare programs. But self-reliancy is largely a function of self-control and moral responsibility. Immoral and irresponsible citizens are incapable of providing for themselves and their families. Driving God and morality out of the public square serves to break down public morality, which in turn creates classes of citizens who are dependent on government assistance and regulation. Through endless litigation against public expressions of religion and morality and its distorted interpretations of the Establishment and Free Exercise Clauses, the ACLU reveals its real agenda and its real allegiance, which is not to the Constitution or Bill of Rights, but to a radical liberal ideology that seeks


Book Synopsis A Nation Under God? by : Thomas L. Krannawitter

Download or read book A Nation Under God? written by Thomas L. Krannawitter and published by Rowman & Littlefield Publishers. This book was released on 2005-09-08 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Nation Under God? raises the question of why the ACLU relentlessly attacks public expressions of mainstream religious faith. The answer, according to the book's argument, is that the work of the ACLU is informed by a larger political project-modern liberalism-to transform American government and society into an administrative-welfare state. Modern liberalism requires two decisive changes in American politics if it is to be successful: First, the government of limited powers mandated by the Constitution must become a government of unlimited powers and scope. Second, free, self-reliant, and independent citizens must become dependent on and understand themselves as subservient to government. The ACLU's drive to remove religion and morality from the public square advances both goals. Limited, constitutional government rests on the idea that rights come from God; the power of government should be limited commensurate to the limited purpose of legitimate government: to protect our natural, God-given rights. With God removed from the public square, it becomes much easier politically to argue that government is the source of rights, and that every expansion of government power is tantamount to an expansion of rights. Further, self-reliant citizens are not in need of and are unlikely to support large government welfare programs. But self-reliancy is largely a function of self-control and moral responsibility. Immoral and irresponsible citizens are incapable of providing for themselves and their families. Driving God and morality out of the public square serves to break down public morality, which in turn creates classes of citizens who are dependent on government assistance and regulation. Through endless litigation against public expressions of religion and morality and its distorted interpretations of the Establishment and Free Exercise Clauses, the ACLU reveals its real agenda and its real allegiance, which is not to the Constitution or Bill of Rights, but to a radical liberal ideology that seeks

Religion in a Liberal State

Religion in a Liberal State

Author: Gavin D’Costa Malcolm Evans Tariq Modood and Julian Rivers

Publisher: Cambridge University Press

Published:

Total Pages: 358

ISBN-13: 1107425514

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Book Synopsis Religion in a Liberal State by : Gavin D’Costa Malcolm Evans Tariq Modood and Julian Rivers

Download or read book Religion in a Liberal State written by Gavin D’Costa Malcolm Evans Tariq Modood and Julian Rivers and published by Cambridge University Press. This book was released on with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: