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A generation ago, all of the big questions concerning religious freedom in America seemed to have been resolved. At the very least, the lines of division between proponents of a wall of separation between church and state and advocates of religious accommodation seemed clearly drawn. Since then, increasing religious diversity and changing functions of government have raised new questions about what it means to allow the free exercise of religion. In this book, Bette Novit Evans explores the contemporary understandings of this First Amendment guarantee in all of its complexity and ambiguity. Evans situates constitutional arguments about free exercise within the context of theological and soci...
"The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
Piety, Politics, and Pluralism skillfully confronts the question: Is liberal democracy hostile to religion or is it compatible with the rights of believers? Prominent scholars analyze the controversy about religious freedom by examining two areas at the intersection of religion and politics in contemporary American society: the Supreme Court's 1990 decision in Oregon v. Smith and the events of the 2000 presidential campaign. Their essays remind us that in an increasingly pluralistic society, Americans must work continually to reconcile religious commitment and political obligation. Piety, Politics, and Pluralism is a groundbreaking work that will be indispensable to students of religion and politics, American politics, and constitutional law.
This guide to the literature presents 451 descriptions of books, reports and articles dealing with all aspects of affirmative action including: Race relations; Economic aspects; Reverse discrimination; Preferences; Affirmative Action programs: Public opinion; Court decisions; Education and many more. Complete author and subject indexes are provided.
First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
The United States remains a deeply religious country and religion plays an inextricably critical role in American politics. Controversy over issues such as abortion is fueled by opposition in the Catholic Church and among conservative Protestants, candidates for the presidency are questioned about their religious beliefs, and the separation of church and state remains hotly contested. While the examination of religion's influence in politics has long been neglected, in the last decade the subject has finally garnered the attention it deserves. In Religion and Democracy in the United States, prominent scholars consider the ways Americans understand the relationship between their religious bel...
21 essays present a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within 5 main areas: history, politics, sociology theology/philosophy and law.
In the wake of same-sex marriage legalization, most religious conservatives realize that they now share a minority viewpoint on many social issues. Such change has forced those formerly trying to forestall social evolution to instead seek legal recusal from engaging in matters that conflict with their religious beliefs. Not surprisingly, these recent legislative attempts to “affirm” religious free expression all focus upon the rights of the religious adherent, while mostly failing to consider the potential harm to third parties. In the provision of government services, this omission can do significant, lasting damage to public perceptions of administrative legitimacy—often already peri...
Faith on Trial explains how the Supreme Court's reliance on "procedural liberalism" hampers its ability to adequately address the reality of religion as a pluralistic social institution.
This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development i...