Defending American Religious Neutrality
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Defending American Religious Neutrality
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Author : Andrew Koppelman
language : en
Publisher: Harvard University Press
Release Date : 2013-01-01
Defending American Religious Neutrality written by Andrew Koppelman 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 2013-01-01 with Law categories.
While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.
Defending American Religious Neutrality
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Author : Andrew Koppelman
language : en
Publisher: Harvard University Press
Release Date : 2013-01-01
Defending American Religious Neutrality written by Andrew Koppelman 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 2013-01-01 with Law categories.
While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.
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.
The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.
The Rise And Decline Of American Religious Freedom
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Author : Steven D. Smith
language : en
Publisher: Harvard University Press
Release Date : 2014-02-18
The Rise And Decline Of American Religious Freedom written by Steven D. Smith 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 2014-02-18 with Law categories.
Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.
Gay Rights Vs Religious Liberty
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Author : Andrew Koppelman
language : en
Publisher:
Release Date : 2020
Gay Rights Vs Religious Liberty written by Andrew Koppelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
Koppelman offers a solution to the bitterly polarizing gay rights/religious liberty conflict. This is the only book that lays out the interests that must be balanced in any decent compromise, in terms that both sides can recognize and appreciate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced.
The Tough Luck Constitution And The Assault On Health Care Reform
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Author : Andrew Koppelman
language : en
Publisher: Oxford University Press
Release Date : 2013-02-22
The Tough Luck Constitution And The Assault On Health Care Reform written by Andrew Koppelman 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 2013-02-22 with Law categories.
Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.
Democratic Authority And The Separation Of Church And State
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Author : Robert Audi
language : en
Publisher: OUP USA
Release Date : 2011-09
Democratic Authority And The Separation Of Church And State written by Robert Audi and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09 with Law categories.
This book presents a brief account of the relation between religion and ethics, and then shows how ethics can be independent of religion. It portays a church-state separation where governments avoid religious establishments and maintain religious neutrality. This work shows how this religious neutrality is related to such issues as teaching evolutionary biology in public schools, the legitimacy of vouchers to fund private schooling, and governmental support of "faith-based initiatives."
Religious Speech And The Quest For Freedoms In The Anglo American World
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Author : Wendell Bird
language : en
Publisher: Cambridge University Press
Release Date : 2023-04-20
Religious Speech And The Quest For Freedoms In The Anglo American World written by Wendell Bird and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-20 with History categories.
Judeo-Christian believers demanded and ultimately brought us six major advances in freedom - speech and press, criminal rights and higher education, abolition and civil rights.
The Routledge Handbook Of Religion And American Culture
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Author : Chad E. Seales
language : en
Publisher: Taylor & Francis
Release Date : 2025-03-31
The Routledge Handbook Of Religion And American Culture written by Chad E. Seales and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-31 with Religion categories.
The Routledge Handbook of Religion and American Culture explains where religion is made in the United States. It offers essays profiling cultural sites, including energy, industry, public life, music, arts and entertainment, and life and death. These sites organize the volume’s 31 chapters, demonstrating how cultural religion has been constructed and performed in specific historical and ethnographic case studies. This volume offers a much-needed resource for Religious Studies scholars and students interested in the study of religion and culture in the United States, as well as those in American Studies, Anthropology of Religion, Sociology of Religion, Material Culture Studies, Environmental Studies, and History.
Free Exercise Of Religion In The Liberal Polity
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Author : Emily R. Gill
language : en
Publisher: Springer Nature
Release Date : 2019-08-21
Free Exercise Of Religion In The Liberal Polity written by Emily R. Gill and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-21 with Social Science categories.
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.