Religious Freedom and the Constitution

by Christopher L. Eisgruber, Lawrence G. Sager

Overview

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty.

Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices.

With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Product Details

ISBN-13:	9780674045828
Publisher:	Harvard University Press
Publication date:	04/10/2010
Pages:	352
Product dimensions:	5.50(w) x 8.20(h) x 1.10(d)

About the Author

Christopher L. Eisgruber is Provost of Princeton University.

Lawrence G. Sager is Dean of the University of Texas at Austin School of Law.

Table of Contents

• Introduction
• 1. Separation and Its Cousins
• 2. Equal Liberty
• 3. The Exemptions Puzzle
• 4. Ten Commandments, Three Plastic Reindeer, and One Nation … Indivisible
• 5. God in the Classroom
• 6. Public Dollars, Religious Programs
• 7. Legislative Responsibility for Religious Freedom
• Conclusion
• Notes
• Index

What People are Saying About This

One of the most important books on religious liberty to appear in years. Anyone interested in freedom of religion should read it, and for specialists in the area, it is a must.

Andrew Koppelman

One of the most important books on religious liberty to appear in years. Anyone interested in freedom of religion should read it, and for specialists in the area, it is a must.
— Andrew Koppelman, Northwestern University School of Law

Editorial Reviews

Christopher Eisgruber and Lawrence Sager are serious, accomplished scholars, and they have produced a valuable, provocative book. It will, and should, help frame the debate about religious freedom under law for years to come.

First Things - Richard W. Garnett

In an era when the proper role of religion in the public sphere is fiercely debated, Professor Christopher Eisgruber and Dean Lawrence Sager argue that religious institutions and practitioners have a right to be free from governmental discrimination on account of religious beliefs but have no right to be exempt from generally applicable laws on account of religious beliefs...Far from being an abstract exercise, Religious Freedom and the Constitution offers satisfying answers to some of the most vexing questions on religion facing the Constitution, including religious public displays, school prayer, and the Pledge of Allegiance.

Harvard Law Review

The authors proceed patiently and sensibly through considerations of creche displays, conscientious objectors, ritual animal slaughter, and peyote smoking. Their recommendations may prove more useful as a philosophical corrective than as a set of juridical guidelines, but their careful attention to the social meaning of symbols, and their nuanced concern with the sociological role and ideological sway of religion in American culture, insures the persuasive force and continuing relevance of their arguments.

New Yorker

One of the most important books on religious liberty to appear in years. Anyone interested in freedom of religion should read it, and for specialists in the area, it is a must.

Andrew Koppelman

Christopher Eisgruber and Lawrence Sager are serious, accomplished scholars, and they have produced a valuable, provocative book. It will, and should, help frame the debate about religious freedom under law for years to come.--Richard W. Garnett "First Things" (5/1/2007 12:00:00 AM)

In an era when the proper role of religion in the public sphere is fiercely debated, Professor Christopher Eisgruber and Dean Lawrence Sager argue that religious institutions and practitioners have a right to be free from governmental discrimination on account of religious beliefs but have no right to be exempt from generally applicable laws on account of religious beliefs...Far from being an abstract exercise, Religious Freedom and the Constitution offers satisfying answers to some of the most vexing questions on religion facing the Constitution, including religious public displays, school prayer, and the Pledge of Allegiance.-- "Harvard Law Review"

The authors proceed patiently and sensibly through considerations of creche displays, conscientious objectors, ritual animal slaughter, and peyote smoking. Their recommendations may prove more useful as a philosophical corrective than as a set of juridical guidelines, but their careful attention to the social meaning of symbols, and their nuanced concern with the sociological role and ideological sway of religion in American culture, insures the persuasive force and continuing relevance of their arguments.-- "New Yorker" (6/11/2007 12:00:00 AM)

One of the most important books on religious liberty to appear in years. Anyone interested in freedom of religion should read it, and for specialists in the area, it is a must.--Andrew Koppelman, Northwestern University School of Law

From the Publisher

The authors proceed patiently and sensibly through considerations of creche displays, conscientious objectors, ritual animal slaughter, and peyote smoking. Their recommendations may prove more useful as a philosophical corrective than as a set of juridical guidelines, but their careful attention to the social meaning of symbols, and their nuanced concern with the sociological role and ideological sway of religion in American culture, insures the persuasive force and continuing relevance of their arguments.

New Yorker

Christopher Eisgruber and Lawrence Sager are serious, accomplished scholars, and they have produced a valuable, provocative book. It will, and should, help frame the debate about religious freedom under law for years to come.
— Richard W. Garnett

First Things