Description
This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom - liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - covering the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law, even if it needs judicious balancing with other fundamental rights and state interests.Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.
Table of Contents
List of Tables ixPreface xiIntroduction1 The American Experiment in Historical ContextThe First MillenniumThe Papal RevolutionThe Protestant ReformationReligious Establishment versus Religious Freedom in EuropeColonization and Experimentation2 The Theology and Politics of the Religion ClausesPuritan ViewsEvangelical ViewsEnlightenment ViewsCivic Republican ViewsSummary and Conclusions3 The Essential Rights and Liberties of ReligionLiberty of ConscienceFree Exercise of ReligionReligious PluralismReligious EqualitySeparation of Church and StateDisestablishment of ReligionSummary and Conclusions4 Forging the First Amendment Religion ClausesReligion and the Continental CongressThe 1787 Constitutional ConventionRatification and Proposed AmendmentsDrafting the First Amendment Religion Clauses"Original Intent": Interpreting the Final TextSummary and Conclusions5 The Free Exercise of Religion: Mapping the Doctrinal TerrainBringing a Free Exercise CaseFactual Clusters of Free Exercise CasesShifting Standards of Review in Free Exercise Casesvi Contents6 First Amendment Religious Exercise, Expression, and ExemptionFree Exercise and Polygamy (1879- 1890)Free Exercise and Conscientious Objection (1918- 1971)Freedom and Equality of Religious Expression (1940- 2015)Liberty of Conscience and Free Exercise Exemptions (1943- 1989)Summary and Conclusions7 The Free Exercise of Religion: Neutrality, Nondiscrimination, and Statutory RightsNeutralizing the Free Exercise Clause (1982- 1990)Neutrality and No State Discrimination Against Religion (1993- )Neutrality and Nondiscrimination in State Aid to Religious EducationNeutrality and Nondiscrimination in the Time of CovidState Neutrality in Balancing Religious Liberty and Sexual LibertyFree Exercise of Religion as a Statutory Right (1993- )RFRA Cases in the Supreme CourtRLUIPA Cases in the Supreme CourtSummary and Conclusions8 Modern Establishment Law: Mapping the Doctrinal TerrainBringing an Establishment Clause CaseMapping the Establishment Clause CasesSeparationismAccommodationismNeutrality and the Lemon TestEndorsementNo CoercionEqual Treatment/ Equal AccessHistory and TraditionSummary and Conclusions9 Religion and Public Education: No Establishment of Religion, But Equal Access for ReligionSeparationist Cases (1948- 2000)Equal Access Cases (1981- )Limits on Equal Access?Summary and Conclusions10 Government and Religious Education: From Accommodation to Separation to EqualityAccommodationist Cases (1908- 1977)Separationist Cases (1971- 1985)Equal Treatment Cases (1983- 2002)Statutes, Free Exercise, and Equal Access Rights (2004- )Summary and Conclusions11 Religion and Public LifeSabbath Day Rules 282Legislative Chaplains and PrayersReligious SymbolsPatterns and PrinciplesSummary and Conclusions12 The Freedoms of Religious OrganizationsReligious Polity and StructuresReligious StructuresLegal StructuresReligious Property DisputesStandard Legal Principles (1815- 1914)Deference (1872- 1976)Neutral Principles (1979- )Labor and EmploymentSocial Services and TaxationSocial ServicesTaxationSummary and ConclusionsConcluding ReflectionsSigns of TroubleEnduring Principles, New ApplicationsAppendix 1: Drafts of Federal Religion Clauses (1787- 1789)Appendix 2: United States Supreme Court Decisions Relating to Religious Liberty (1815- 2021)Index
