Conscience And Belief The Supreme Court And Religion
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Author | : Howard Gillman |
Publisher | : |
Total Pages | : 241 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0190699736 |
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.
Author | : Jack N. Rakove |
Publisher | : |
Total Pages | : 241 |
Release | : 2020 |
Genre | : History |
ISBN | : 0195305817 |
In Beyond Belief, Beyond Conscience, Pulitzer Prize-winning author Jack Rakove makes broad claims about how religious freedom affects us. He contrasts the radical course of American developments with the more complicated ways in which Europeans tried to promote religious tolerance. He argues that both freedom of conscience and disestablishment were critical constitutional principles whose significance we no longer fully appreciate. Rakove explains why Jefferson's and Madison's understanding of these concepts were influential to their constitutional thinking. And he examines some of our contemporary controversies over church and state from the vantage point, not of legal doctrine, but of the deeper history that gave the U.S. its unique approach to religious freedom.
Author | : Kevin Vallier |
Publisher | : Oxford University Press |
Total Pages | : 329 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0190666188 |
Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.
Author | : Andrew Koppelman |
Publisher | : Harvard University Press |
Total Pages | : 316 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 0674071077 |
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.
Author | : Kermit L. Hall |
Publisher | : Routledge |
Total Pages | : 498 |
Release | : 2018-12-07 |
Genre | : Law |
ISBN | : 1135692653 |
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Author | : Richard Moon |
Publisher | : Essentials of Canadian Law |
Total Pages | : 215 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9781552213643 |
When the Canadian Charter of Rights and Freedoms was enacted in 1982, the first of its fundamental freedoms seemed less significant and less interesting than many of its other rights. However, the Salman Rushdie affair, the 9/11 attacks, and later the publication of the "Danish Cartoons" helped to move religion or religious difference to the forefront of public consciousness. These events seemed to confirm that religion, or at least particular religions, represented a threat to the values of liberal-democratic society. Religious freedom issues that may have been minor and easily resolved "on the ground" were increasingly seen through this lens of intractable conflict, and as opening the door to a broader threat to Western democracy. In Canada, anxiety about religion has been far less acute than in Europe or in the United States. Nevertheless, concern about the character of religion has shaped the public reaction to religious diversity and freedom. This has been most powerfully so in Quebec where, as in Europe, national identity remains a concern, and the political role of the Catholic church in the recent past has caused many to be wary of the visibility of religion in the public sphere. The book reviews the basic history of religious freedom in Canada; looks at state support for religion, including the place of religious practices and symbols in public institutions and the role of religious values in public decision making; the restriction or accommodation of religious practices by state action; religious restriction in particular contexts; state support for religious schools; freedom of religion in the context of the family, and in particular, the parent-child relationship; and freedom of conscience component of section 2(a)
Author | : Michel Rosenfeld |
Publisher | : |
Total Pages | : 515 |
Release | : 2018-07-05 |
Genre | : Law |
ISBN | : 1107173302 |
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Author | : Cécile Laborde |
Publisher | : Harvard University Press |
Total Pages | : 345 |
Release | : 2017-09-25 |
Genre | : Philosophy |
ISBN | : 0674976266 |
Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.
Author | : Jack Phillips |
Publisher | : Simon and Schuster |
Total Pages | : 226 |
Release | : 2021-05-25 |
Genre | : Religion |
ISBN | : 1684510996 |
Master cake artist and a man of profound faith, Jack Phillips found himself in the middle of one of the highest-profile religious freedom cases of the century. In July 2012, two men came to Jack Phillips's shop requesting a custom wedding cake celebrating their same-sex marriage. In a brief exchange, Jack politely declined the request, explaining that he could not design cakes for same-sex weddings but offered to design cakes for other occasions and to sell them anything else in his shop. Little did Jack know that his quiet stand for his Christian convictions about marriage would become a battle for the right of all Americans to live out their faith. Now, Jack Phillips shares his harrowing experience for the first time in this powerful new memoir. The Cost of My Faith is Jack’s firsthand account from the frontlines of the battle with a culture that is making every effort to remove God from the public square and a government denying Bible-believing Christians the right to freely exercise their religious beliefs. Despite a Supreme Court victory in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the fight to protect the right of Americans to freely exercise their beliefs is more critical than ever. The Cost of My Faith provides new insight into the case that shook the country and offers readers courage and inspiration to stand and live out their faith when facing their own battles.
Author | : Martha Craven Nussbaum |
Publisher | : Basic Books (AZ) |
Total Pages | : 418 |
Release | : 2008-02-05 |
Genre | : Social Science |
ISBN | : 0465051642 |
An analysis of America's commitment to religious liberty uses political history, philosophical ideas, and key constitutional cases to discuss its basis in six principles: equality, respect for conscience, liberty, accommodation of minorities, nonestablishment, and separation of church and state.