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The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifact...
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reve...
Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.
Bringing together scholars with a variety of perspectives and orientations, this work examines the interconnections between law and religion and the unexpected histories and anthropologies of legal secularism in a globalizing modernity.
More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In Prison Religion, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. Americans United for the Separation of Church and State v....
Is it appropriate, or even legal, for government to provide spiritual care for its citizens? Winnifred Fallers Sullivan shows that courts and administrative agencies have, for better or for worse, already decided this question. Religious freedom in American today means government affirmatively providing opportunities for Americans to encounter their religious selves and realize their religious commitments. How did this happen? The answer, Sullivan shows, is an emerging religious practice--the ministry offered by chaplains in secular settings, generally called a ministry of presence. In this eye-opening book, Sullivan details the legal recognition and regulation of the spiritual care delivere...
Should the wall of separation between church and state be permeable or inviolable? This question has been hotly contested since the nation's founding and contentious debates persist today. With a collection of the most significant documents and an introduction by Clarke E. Cochran that provides the historical context of the debate, prominent scholars Mary Segers and Ted Jelen debate the impact of organized religion on the democratic process, examine its influence on political discourse, and discuss its significance for the creation of public policy. The authors illuminate the constitutional implications of using religion to cultivate public morality and discuss the complexities of creating a civic-minded citizenry in a pluralistic society.
At Home and Abroad bridges the divide in the study of American religion, law, and politics between domestic and international, bringing together diverse authors to explore ties across conceptual and political boundaries. They examine the ideas, people, and institutions that provide links between domestic and foreign religious politics and policies.
Islam: An American Religion demonstrates how Islam as formed in the United States has become an American religion in a double sense—first through the strategies of recognition adopted by Muslims and second through the performance of Islam as a faith. Nadia Marzouki investigates how Islam has become so contentious in American politics. Focusing on the period from 2008 to 2013, she revisits the uproar over the construction of mosques, legal disputes around the prohibition of Islamic law, and the overseas promotion of religious freedom. She argues that public controversies over Islam in the United States primarily reflect the American public's profound divisions and ambivalence toward freedom of speech and the legitimacy of liberal secular democracy.
Informative and provocative, this book introduces readers to debates in the contemporary study of religion and suggests future research possibilities.