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The Impossibility of Religious Freedom
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...
A Ministry of Presence
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...
The Church State Corporation
"What is a church and what work does "church"-the church-do today in American law? In Church State Corporation, Sullivan argues that the appeals to "the church" we find in legal opinions express what she calls a "Christian mystical political theology" that naturalizes religion in the American legal imagination and limits the law's ability to acknowledge religion more broadly. To pinpoint the work the church does in US law, Sullivan examines two recent Supreme Court cases, Hosanna-Tabor v. Equal Employment Opportunity Commission (2012) and Burwell v. Hobby Lobby (2014), in order to map the contours of the "church-shaped space" at the heart of what constitutes religion in US law. Sullivan also examines a constellation of church property cases, cases developing corporate personhood such as Citizens United, and what the "Angola Church"-a collection of churches formed within the Louisiana State Penitentiary at Angola-reveals about the range of the church's influence in US law. In all, the reader is treated to a remarkably thought-provoking analysis of the ways the church persists in US law, one that calls into question our basic assumptions about our supposedly secular age"--
Politics of Religious Freedom
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.
Prison Religion
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....
After Secular Law
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.
Varieties of Religious Establishment
Advocacy for religious freedom has become a global project while religion, and the management of religion, has become of increasing interest to scholars across a wider range of disciplines. Rather than adopting the common assumption that religious freedom is simply incompletely realized, the authors in this book suggest that the starting point for understanding religion in public life today should be religious establishment. In the hyper-globalized world of the politics of religious freedom today, a focus on establishments brings into view the cultural assumptions, cosmologies, anthropologies, and institutions which structure religion and religious diversity. Leading international scholars from a diverse range of disciplines explore how countries today live with religious difference and consider how considering establishments reveals the limitations of universal, multicultural, and interfaith models of religious freedom. Examining the various forms religion takes in Tunisia, Canada, Taiwan, South Africa, and the USA, amongst others, this book argues that legal protections for religious freedom can only be understood in a context of socially and culturally specific constraints.
Paying the Words Extra
. Through her analysis of the Supreme Courts opinions, Sullivan reveals distinct and divergent American understandings of the nature of religion, the role of religion in public life, and the relationship and interaction of law and religion. Each of the different discourses about religion represented in the Lynch opinions inadequately represents the nature and diversity of American religions and thus hinders a shared discussion of the First Amendment religion clauses.
The Impossibility of Religious Freedom
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...
Old Thiess, a Livonian Werewolf
In 1691, a Livonian peasant known as Old Thiess boldly announced before a district court that he was a werewolf. Yet far from being a diabolical monster, he insisted, he was one of the “hounds of God,” fierce guardians who battled sorcerers, witches, and even Satan to protect the fields, flocks, and humanity—a baffling claim that attracted the notice of the judges then and still commands attention from historians today. In this book, eminent scholars Carlo Ginzburg and Bruce Lincoln offer a uniquely comparative look at the trial and startling testimony of Old Thiess. They present the first English translation of the trial transcript, in which the man’s own voice can be heard, before ...
