Defending American Religious Neutrality
While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.
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accommodation Aguillard Amendment American law American religious neutrality Andrew Koppelman argues atheists Backus basis Catholic ceremonial Deism Christian citizens civil claims coercion commitments conception concern concurring conscience Constitution corruption argument decision disestablishment dissenting Dworkin Eisgruber and Sager endorsement endorsement test equal Establishment Clause Eugene Volokh faith favor free exercise gion gious God’s Hugo Black human idea interpretation Isaac Backus Jews John Leland John Rawls judgment Justice law’s legislative Leland Liberal Macklem Madison McConnell meaning ment Michael W Milton modern moral Noah Feldman nonreligious O’Connor objection observes originalist percent plurality political prayer principles prison problem protection Protestantism public reason regime reli religion clauses religious beliefs religious exemptions Religious Freedom religious liberty respect RFRA Ronald Dworkin rule Scalia secular purpose requirement Separation of Church Smith specific state’s statute Steven Supreme Court theological theory Thomas tion Torcaso treat religion violate Williams