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Author: Emily R. Gill Publisher: Springer Nature ISBN: 3030250377 Category : Social Science Languages : en Pages : 296
Book Description
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.
Author: Emily R. Gill Publisher: Springer Nature ISBN: 3030250377 Category : Social Science Languages : en Pages : 296
Book Description
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.
Author: Russell Blackford Publisher: John Wiley & Sons ISBN: 0470674032 Category : Political Science Languages : en Pages : 219
Book Description
Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.
Author: Rex Ahdar Publisher: OUP Oxford ISBN: 0191648728 Category : Law Languages : en Pages : 528
Book Description
Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.
Author: David Sehat Publisher: Oxford University Press ISBN: 9780199793112 Category : Religion Languages : en Pages : 368
Book Description
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Author: Terence Cuneo Publisher: ISBN: Category : Philosophy Languages : en Pages : 288
Book Description
A collection of essays on the subject of religion, public discourse, and modern liberal democracy. The essays are divided into two sections, including a number of well-known contributors. 1. Foundations: Rights and Authorities, 2. Religious Reasons and Virtuous Conduct.
Author: Jasper Doomen Publisher: Rowman & Littlefield ISBN: 1793618399 Category : Religion Languages : en Pages : 207
Book Description
Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.
Author: Thomas L. Krannawitter Publisher: Rowman & Littlefield Publishers ISBN: 1461609941 Category : History Languages : en Pages : 263
Book Description
A Nation Under God? raises the question of why the ACLU relentlessly attacks public expressions of mainstream religious faith. The answer, according to the book's argument, is that the work of the ACLU is informed by a larger political project-modern liberalism-to transform American government and society into an administrative-welfare state. Modern liberalism requires two decisive changes in American politics if it is to be successful: First, the government of limited powers mandated by the Constitution must become a government of unlimited powers and scope. Second, free, self-reliant, and independent citizens must become dependent on and understand themselves as subservient to government. The ACLU's drive to remove religion and morality from the public square advances both goals. Limited, constitutional government rests on the idea that rights come from God; the power of government should be limited commensurate to the limited purpose of legitimate government: to protect our natural, God-given rights. With God removed from the public square, it becomes much easier politically to argue that government is the source of rights, and that every expansion of government power is tantamount to an expansion of rights. Further, self-reliant citizens are not in need of and are unlikely to support large government welfare programs. But self-reliancy is largely a function of self-control and moral responsibility. Immoral and irresponsible citizens are incapable of providing for themselves and their families. Driving God and morality out of the public square serves to break down public morality, which in turn creates classes of citizens who are dependent on government assistance and regulation. Through endless litigation against public expressions of religion and morality and its distorted interpretations of the Establishment and Free Exercise Clauses, the ACLU reveals its real agenda and its real allegiance, which is not to the Constitution or Bill of Rights, but to a radical liberal ideology that seeks
Author: Ronald F. Thiemann Publisher: ISBN: Category : Political Science Languages : en Pages : 208
Book Description
"This book puts forward the most sophisticated and subtle treatment available on the relation between religion and politics and church (synagogue, mosque, temple) and state. Thiemann has taken our impoverished discourse on these matters to new heights and higher ground." --Cornel West. [from back cover.]
Author: Emily R. Gill
Author: Emily R. Gill
Author: Russell Blackford
Author: Luis F. Lugo
Author: Rex Ahdar
Author: David Sehat
Author: Terence Cuneo
Author: Jasper Doomen
Author: United States. Department of Justice. Office of Legal Policy
Author: Thomas L. Krannawitter
Author: Ronald F. Thiemann