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Author Greenawalt, Kent, 1936-

Title Religion and the Constitution [electronic resource] / Kent Greenawalt.

Imprint Princeton, N.J. : Princeton University Press, ©2006-©2008.

Item Status

Description 1 online resource (2 volumes)
Bibliography Includes bibliographical references and index.
Contents v. 1. Free exercise and fairness. History and doctrine ; Freedom from compelled profession of belief, adverse targeting, and discrimination ; Conscientious objection to military service ; Religious exemptions and drug use ; Free exercise objections to educational requirements ; Sincerity ; Saying what counts as religious ; Controlled environments : military and prison life ; Indirect impingements : unemployment compensation ; Sunday closing laws and Sabbatarian business owners ; Government development of sacred property ; Difficult determinations : burden and government interest ; Land development and regulation ; Confidential communications with clergy ; Settling disputes over church property ; Wrongs and rights of religious association : the limits of tort liability for religious groups and their leaders ; Employment relations : ordinary discrimination and accommodation ; Employment relations : harassment ; Rights of religious associations : selectivity ; Medical procedures ; Child custody.
v. 2. Establishment and fairness. Introduction ; History ; The development of doctrine and its significance ; Government aid to religion and promulgating religious doctrine ; Religious words and symbols in public places ; Mild endorsements and promotions ; Public schools: devotions ; Public schools: teaching about religion ; Public schools: teaching whose content rests on religious views ; Establishment clause tests and standards ; Equal facilities and freedom of speech ; Chaplains in the military and in prison ; Religious groups exercising government power ; Religious law and civil law: using secular law to assure observance of practices with religious significance ; Tax exemptions and deductions ; Religion and the exemption strategy ; Limits of accommodation ; Financial support to religious institutions ; Aid to religious schools ; Religion clause skepticism ; Alternative approaches ; Justifications for the religion clauses ; Religiously based judgments and religious discourse in public life ; Legal Enforcement of religion-based morality ; Conclusion.
Summary Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.
Calling throughout for religion to be taken more seriously as a force for meaning in peopleʼs lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. Includes information on abortion, atheism, atheists, Bear v. Reformed Mennonite Church, Harry Blackmun, William Brennan, Catholicism, Catholics, child custody, Christianity, Christians, conscientious objection to military service, discrimination, Employment Division v. Smith, Establishment Clause, religious exemptions, Fourteenth Amendment, Free Exercise Clause, Free Speech Clause, harassment by employers, Hinduism, Hindus, Islam, Muslims, Jehovahʼs Witnesses, Judaism, Jews, Lyng v. Northwestern Indian Cemetery Protective Association, Native American Church, Sandra Day OʼConnor, Protestantism, Protestants, religion, religious beliefs, Sherbert v. Verner, Sunday closing laws, Wisconsin v. Yoder, zoning, Zummo v. Zummo, etc.
Local Note eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America
Subject Freedom of religion -- United States.
Church and state -- United States.
Genre/Form Electronic books.
Electronic books.
Other Form: Print version: Greenawalt, Kent, 1936- Religion and the Constitution. Princeton, N.J. : Princeton University Press, ©2006-©2008 9780691141138 (DLC) 2005049522 (OCoLC)62118433
ISBN 9781400827527 (electronic bk.)
1400827523 (electronic bk.)