God vs. the Gavel: Religion and the Rule of LawGod vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others. |
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abuse accommodation according actions Amendment American applied argued authority avoid believers burden Catholic century child Christian Church City civil claim Clause clergy common Congress constitutional criminal decision defense determine discrimination district doctrine ecclesiastical courts effect enacted equal established example exemption fact faith federal filed force free exercise Freedom groups harm held hold House individuals institutions interest involving issue Justice land last visited least legislative legislature marriage means Muslim neutral ofthe organizations parents permitted person political polygamy practice principle prison problem protection question reasons regulation religion religious beliefs religious entities religious institutions religious liberty result RFRA RLUIPA rule secular sexual Smith social society supra note Supreme Court theory tion United victims violate women