Religion and the Constitution: Volume I: Free Exercise and Fairness / Edition 1

Religion and the Constitution: Volume I: Free Exercise and Fairness / Edition 1

by Kent Greenawalt
     
 

View All Available Formats & Editions

ISBN-10: 0691125821

ISBN-13: 9780691125824

Pub. Date: 07/17/2006

Publisher: Princeton University Press

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and

Overview

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children—or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity.

In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.

Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Product Details

ISBN-13:
9780691125824
Publisher:
Princeton University Press
Publication date:
07/17/2006
Edition description:
New Edition
Pages:
480
Product dimensions:
6.20(w) x 9.30(h) x 1.50(d)

Table of Contents

Preface ix

CHAPTER 1: Introduction 1

CHAPTER 2: History and Doctrine 11

CHAPTER 3: Freedom from Compelled Profession of Belief, Adverse Targeting, and Discrimination 35

CHAPTER 4: Conscientious Objection to Military Service 49

CHAPTER 5: Religious Exemptions and Drug Use 68

CHAPTER 6: Free Exercise Objections to Educational Requirements 86

CHAPTER 7: Sincerity 109

CHAPTER 8: Saying What Counts as Religious 124

CHAPTER 9: Controlled Environments: Military and Prison Life 157

CHAPTER 10: Indirect Impingements: Unemployment Compensation 172

CHAPTER 11: Sunday Closing Laws and Sabbatarian

Business Owners 184

CHAPTER 12: Government Development of Sacred Property 192

CHAPTER 13: Difficult Determinations: Burden and

Government Interest 201

CHAPTER 14: Land Development and Regulation 233

CHAPTER 15: Confidential Communications with Clergy 246

CHAPTER 16: Settling Disputes over Church Property 261

CHAPTER 17: Wrongs and Rights of Religious Association: The

Limits of Tort Liability for Religious Groups and

Their Leaders 290

CHAPTER 18: Employment Relations: Ordinary Discrimination

and Accommodation 326

CHAPTER 19: Employment Relations: Harassment 359

CHAPTER 20: Rights of Religious Associations: Selectivity 377

CHAPTER 21: Medical Procedures 396

CHAPTER 22: Child Custody 421

CHAPTER 23: Conclusion (and Introduction) 439

Index 445

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >