The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elementsthe so-called Nonestablishment Clause and the Free Exercise Clauseand the values that lie beneath them.
If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided?
When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.
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About the Author
Kent Greenawalt is University Professor at Columbia University.
Table of Contents
Part 1 Government Use of Religious Practices, Communications, and Symbols 19
1 Government Engagement in Religious Practices and Messages 21
2 Religion and Clerics in Constraining Government Institutions: The Military and Prisons 45
Part 2 Forms of Government Aid to Religious Institutions and Individuals: Financial Support and Exemptions 55
3 Financial Support 57
4 Exemptions and Other Favored Treatment 81
Part 3 Discourse Regarding Religion within Public Schools 135
5 Teaching about Religion 139
6 Teaching or Not Because of Religion 153
7 Individual Communication by Students and Their Teachers 162
Part 4 Considerations and Questions That Cross the Range 177
8 Religious Beliefs and Endeavors Distinguished from Nonreligious Ones 179
Part 5 Religions Convictions, Public Reasons, and Political Choices 201
9 Basic Approaches and Intrinsic Limits 205
10 Relevance of a Person's Position, Bases versus Articulation, and Specific Issues 221