Religion and the Constitution, Volume 2: Establishment and Fairness
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 students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? 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 this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.
Calling throughout for acknowledgment of the way religion gives meaning to people's 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.
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Tax Exemptions and Deductions
Religion and the Exemption Strategy
Limits of Accommodation
Financial Support to Religious Institutions
Aid to Religious Schools
Religion Clause Skepticism
Justifications for the Religion Clauses
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