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Religion and the Constitution, Volume 2

Religion and the Constitution, Volume 2
Author: Kent Greenawalt
Publisher: Princeton University Press
Total Pages: 568
Release: 2008-05-19
Genre: Law
ISBN: 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

Religion and the Constitution
Author: Kent Greenawalt
Publisher: Princeton University Press
Total Pages: 478
Release: 2006
Genre: Law
ISBN: 9780691125824

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Religion and the Constitution, Volume 1

Religion and the Constitution, Volume 1
Author: Kent Greenawalt
Publisher: Princeton University Press
Total Pages: 470
Release: 2009-01-10
Genre: Law
ISBN: 1400827523

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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 members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? 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 the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in 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.


Religious Freedom and the Constitution

Religious Freedom and the Constitution
Author: Christopher L. Eisgruber
Publisher: Harvard University Press
Total Pages: 362
Release: 2010-04-10
Genre: Political Science
ISBN: 9780674023055

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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.


Religion and the Constitution

Religion and the Constitution
Author: Michael W. McConnell
Publisher: Aspen Publishing
Total Pages: 903
Release: 2016-02-29
Genre: Law
ISBN: 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.


Liberal Politics and Public Faith

Liberal Politics and Public Faith
Author: Kevin Vallier
Publisher: Routledge
Total Pages: 277
Release: 2014-06-13
Genre: Philosophy
ISBN: 1317815742

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In the eyes of many, liberalism requires the aggressive secularization of social institutions, especially public media and public schools. The unfortunate result is that many Americans have become alienated from the liberal tradition because they believe it threatens their most sacred forms of life. This was not always the case: in American history, the relation between liberalism and religion has often been one of mutual respect and support. In Liberal Politics and Public Faith: Beyond Separation, Kevin Vallier attempts to reestablish mutual respect by developing a liberal political theory that avoids the standard liberal hostility to religious voices in public life. He claims that the dominant form of academic liberalism, public reason liberalism, is far friendlier to religious influences in public life than either its proponents or detractors suppose. The best interpretation of public reason, convergence liberalism, rejects the much-derided "privatization" of religious belief, instead viewing religious contributions to politics as a resource for liberal political institutions. Many books reject privatization, Liberal Politics and Public Faith: Beyond Separation is unique in doing so on liberal grounds.


The First Amendment and State Bans on Teachers' Religious Garb

The First Amendment and State Bans on Teachers' Religious Garb
Author: Nathan C. Walker
Publisher: Routledge
Total Pages: 279
Release: 2019-08-28
Genre: Education
ISBN: 0429581947

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Examining the twelve-decade legal conflict of government bans on religious garb worn by teachers in U.S. public schools, this book provides comprehensive documentation and analysis of the historical origins and subsequent development of teachers’ religious garb in relation to contemporary legal challenges within the United Nations and the European Union. By identifying and correcting factual errors in the literature about historical bans on teachers’ garb, Walker demonstrates that there are still substantial and unresolved legal questions to the constitutionality of state garb statutes and reflects on how the contemporary conflicts are historically rooted. Showcased through a wealth of laws and case studies, this book is divided into eight clear and concise chapters and answers questions such as: what are anti-religious-garb laws?; how have the state and federal court decisions evolved?; what are the constitutional standards?; what are the establishment clause and free exercise clause arguments?; and how has this impacted current debates on teachers’ religious garb?, before concluding with an informative summary of the points discussed throughout. The First Amendment and State Bans on Teachers’ Religious Garb is the ideal resource for researchers, academics, and postgraduate students in the fields of education, religion, education policy, sociology of education, and law, or those looking to explore an in-depth development of the laws and debates surrounding teachers’ religious garb within the last 125 years.


World Religions in America, Fourth Edition

World Religions in America, Fourth Edition
Author: Jacob Neusner
Publisher: Westminster John Knox Press
Total Pages: 462
Release: 2009-10-07
Genre: Religion
ISBN: 1611640474

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The fourth edition of World Religions in America continues its lauded tradition of providing students with reliable and nuanced information about America's religious diversity, while also reflecting new developments and ideas. Each chapter was updated to reflect important changes and events, and current statistics and information. New features include a timeline of key events and people for each tradition, sidebars on major movements or controversies, personal stories from members of various faiths, a theme-based organization of subjects, more subheads, three new chapters exploring America's increasing religious diversity, and suggestions for further study.


Religious Freedom in the Liberal State

Religious Freedom in the Liberal State
Author: Rex Ahdar
Publisher: OUP Oxford
Total Pages: 528
Release: 2013-03-21
Genre: Law
ISBN: 019164871X

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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.