Interpreting The Free Exercise Of Religion


Interpreting The Free Exercise Of Religion
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Interpreting The Free Exercise Of Religion


Interpreting The Free Exercise Of Religion
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Author : Bette Novit Evans
language : en
Publisher: Univ of North Carolina Press
Release Date : 2000-11-09

Interpreting The Free Exercise Of Religion written by Bette Novit Evans and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-09 with Law categories.


A generation ago, all of the big questions concerning religious freedom in America seemed to have been resolved. At the very least, the lines of division between proponents of a wall of separation between church and state and advocates of religious accommodation seemed clearly drawn. Since then, increasing religious diversity and changing functions of government have raised new questions about what it means to allow the free exercise of religion. In this book, Bette Novit Evans explores the contemporary understandings of this First Amendment guarantee in all of its complexity and ambiguity. Evans situates constitutional arguments about free exercise within the context of theological and sociological insights about American religious experience. She surveys and evaluates several of the most well considered approaches to religious freedom and applies them to contemporary legal controversies, examining problems in defining religion and claims concerning the autonomy of religious institutions. Her conclusions about religious liberty are embedded in an appreciation of American pluralism: the guarantee of religious freedom, she argues, can be understood as an instrument for fostering alternative sources of meaning within a pluralistic political community.



Free Exercise Of Religion And The United States Constitution


Free Exercise Of Religion And The United States Constitution
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Author : Mark P. Strasser
language : en
Publisher: Routledge
Release Date : 2018-02-28

Free Exercise Of Religion And The United States Constitution written by Mark P. Strasser and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-28 with Law categories.


The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic. This book attempts to clarify what the Court has said in the hopes that it will contribute to the development of a more consistent and principled jurisprudence that respects the rights of the religious and the non-religious.



When Free Exercise And Nonestablishment Conflict


When Free Exercise And Nonestablishment Conflict
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Author : Kent Greenawalt
language : en
Publisher: Harvard University Press
Release Date : 2017-06-19

When Free Exercise And Nonestablishment Conflict written by Kent Greenawalt and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-19 with Law categories.


“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?



Securing Religious Liberty


Securing Religious Liberty
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Author : Jesse H. Choper
language : en
Publisher: Quid Pro Books
Release Date : 2013-03-01

Securing Religious Liberty written by Jesse H. Choper and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Religion categories.


Although the Constitution of the United States states that there shall be no laws that either establish or prohibit religion, the application of the Religion Clauses throughout United States history has been fraught with conflict and ambiguity. In this classic and much-cited book, a leading constitutional scholar proposed a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses. Jesse Choper's thoughtful and pragmatics guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage, or causing an unfair burden. Although Choper does not call for the wholesale overturning of judicial precedents or established social practices, the standards he has proposed would result in significant--and controversial--modifications to existing doctrines and customs. Choper argues, for instance, that while vocal prayer and Bible reading in public schools should continue to be prohibited, we can and should allow for silent prayer and objective courses in creation science. His standards would also, among other things, eliminate the tax exemption on property used exclusively for religious purposes while allowing parochial schools to receive public funds for the non-religious component of their education. Quality ebook formatting includes linked notes, active TOC, and linked Index and Table of Cases.



The Free Exercise Of Religion In America


The Free Exercise Of Religion In America
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Author : Ellis M. West
language : en
Publisher: Springer
Release Date : 2019-02-05

The Free Exercise Of Religion In America written by Ellis M. West and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-05 with Religion categories.


This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.



Developments In Constitutional Law


Developments In Constitutional Law
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Author : Anna Henning
language : en
Publisher:
Release Date : 2021

Developments In Constitutional Law written by Anna Henning and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Church and state categories.


"The "free exercise" clause of the First Amendment to the U.S. Constitution limits governments' ability to restrict religious exercise, providing that "Congress shall make no law ... prohibiting the free exercise [of religion]." Article I, Section 18 of the Wisconsin Constitution similarly prohibits government infringement of "the right of every person to worship Almighty God according to the dictates of conscience." Since 1990, the Wisconsin Constitution has been interpreted to restrict government action in more circumstances than does the U.S. Constitution, but recent U.S. Supreme Court decisions suggest that the Court's interpretation of the free exercise clause has shifted. This issue brief summarizes recent developments in free exercise jurisprudence at the federal level."--Page 1



The Separation Of Church And State


The Separation Of Church And State
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Author : Jason Porterfield
language : en
Publisher: The Rosen Publishing Group, Inc
Release Date : 2014-07-15

The Separation Of Church And State written by Jason Porterfield and has been published by The Rosen Publishing Group, Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-15 with Juvenile Nonfiction categories.


Having disassociated themselves from an oppressive government with a strong central religion, the Founding Fathers of the United States acknowledged the freedom to practice one's religion when writing the nation's constitution. Subsequent constitutional amendments further drew a line between the ecumenical and the secular. Detailed descriptions of Supreme Court cases on the topic offer readers a clearer understanding of the original intent behind separating church and state, as well as how interpretations of such matters have impacted U.S. legislation.



The Religion Clauses


The Religion Clauses
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Author : Erwin Chemerinsky
language : en
Publisher: Oxford University Press, USA
Release Date : 2020

The Religion Clauses written by Erwin Chemerinsky and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.


"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"--



Regulating Religion


Regulating Religion
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Author : Catharine Cookson
language : en
Publisher: Oxford University Press
Release Date : 2001-03-29

Regulating Religion written by Catharine Cookson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-29 with Religion categories.


Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.



The Tragedy Of Religious Freedom


The Tragedy Of Religious Freedom
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Author : Marc O. DeGirolami
language : en
Publisher: Harvard University Press
Release Date : 2013-06-01

The Tragedy Of Religious Freedom written by Marc O. DeGirolami and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-01 with Law categories.


Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in today’s pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.