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.
Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.
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?
Gay Rights Vs Religious Liberty
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Author : Andrew Koppelman
language : en
Publisher: Oxford University Press
Release Date : 2020-05-01
Gay Rights Vs Religious Liberty 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 2020-05-01 with Law categories.
Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. 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 even 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. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
Gay Rights Vs Religious Liberty
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Author : Andrew Koppelman
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-06-02
Gay Rights Vs Religious Liberty written by Andrew Koppelman 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 2020-06-02 with Law categories.
Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. 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 even 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. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
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.
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 Political Science 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.
The Myth Of Religious Neutrality
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Author : Roy A. Clouser
language : en
Publisher:
Release Date : 2005
The Myth Of Religious Neutrality written by Roy A. Clouser and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Philosophy categories.
This book offers a reinterpretation of the general relations between religion, science, and philosophy, arguing that scientific theories depend on religious commitments.
Defending Constantine
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Author : Peter J. Leithart
language : en
Publisher: InterVarsity Press
Release Date : 2010-09-24
Defending Constantine written by Peter J. Leithart and has been published by InterVarsity Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-24 with Religion categories.
Peter Leithart weighs what we've been taught about Constantine and claims that in focusing on these historical mirages we have failed to notice the true significance of Constantine and Rome baptized. He reveals how beneath the surface of this contested story there lies a deeper narrative--a tectonic shift in the political theology of an empire--with far-reaching implications.
Gay Rights Vs Religious Liberty
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Author : Andrew Koppelman
language : en
Publisher:
Release Date :
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 with Discrimination categories.
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 clarifies the relation between religion and ethics, articulates principles governing religion in politics, and outlines a theory of civic virtue. It frames institutional principles to guide governmental policies toward religion and counterpart standards to guide individual citizens; and it defends an account of toleration that leavens the ethical framework both in individual nations and internationally.