Legal Responses to Religious Practices in the United States: Accomodation and its Limits
Cambridge University Press, 9/10/2012
EAN 9781107023680, ISBN10: 1107023688
Hardcover, 320 pages, 23.4 x 15.8 x 2 cm
Language: English
There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?
1. A history of ambivalence
how religion and US law have developed together Amanda Porterfield
2. Commentary on religion's accommodation to American law and culture Timothy Hoff
3. Against neutralism
faith based groups, discrimination, and state subsidy Corey Brettschneider
4. Commentary on freedom of speech, equal citizenship, and the anti-caste principle
a commentary on regulating hate speech Bryan Fair
5. Expanding the Bob Jones Compromise Caroline Mala Corbin
6. Commentary on religious practice and sex discrimination
a case for toleration? Meredith Render
7. Religious freedom and the nondiscrimination norm Richard W. Garnett
8. Commentary on religious freedom and the nondiscrimination norm Paul Horwitz
9. Freedom of religion or freedom of the church? Steven D. Smith
10. Commentary on government for the time being William Brewbaker.