Regulating Religion: The Courts and the Free Exercise Clause

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Oxford University Press, Mar 29, 2001 - Religion - 288 pages
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Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.
 

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Contents

Legislation or the Free Exercise Clause?
6
2 The Process of Casuistry
39
Typologies of the Relationship between Conscience and the State
48
4 The Religiously Encumbered Self
99
5 Societal Boundaries Paranoia and Ill Humor and the Role of the Courts under the Free Exercise Clause
109
6 A Critique of the Courts Free Exercise Clause Jurisprudence in the US Supreme Court Case of Employment Division
118
7 Governmental Intervention in and Punishment for the Use of Spiritual Healing Methods
149
A Summary and Some Conclusions
186
Notes
189
Index
267
Copyright

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About the author (2001)

Catherine Cookson, 1906 - 1998 British writer Catherine Cookson was born in Tyne Dock, Co. Durham. She was born illegitimate and into poverty with a mother who was, at times, an alcoholic and violent. From the age of thirteen, Catherine suffered from hereditary hemorrhage telangiectasia. She also believed, for many years, that she was abandoned as a baby and that her mother was actually her older sister. Catherine wrote her first short story, "The Wild Irish Girl," at the age of eleven and sent it to the South Shields Gazette, which sent it back in three days. She left school at the age of thirteen to work as a maid for the rich and powerful. It was then that she saw the great class barrier inside their society. From working in a laundry, she saved enough money to open an apartment hotel in Hastings. Schoolmaster, Tom Cookson, was one of her tenants and became her husband in 1940. She suffered several miscarriages and became depressed so she began writing to help her recovery. Catherine has written over ninety novels and, under the pseudonym of Catherine Marchant, she wrote three different series of books, which included the Bill Bailey, the Mary Ann, and the Mallen series. Her first book, "Kate Hannigan" (1950), tells the partly autobiographical story of a working-class girl becoming pregnant by an upper-middle class man. The baby is raised by Kate's parents and the child believes them to be her real parents and that Kate is her sister. Many of her novels are set in 19th century England and tell of poverty in such settings as mines, shipyards and farms. Her characters usually cross the class barrier by means of education. Catherine received the Freedom of the Borough of South Shields and the Royal Society of Literature's award for the Best Regional Novel of the year. The Variety Club of Great Britain named her Writer of the Year and she was voted Personality of the North-East. She received an honorary degree from the University of Newcastle and was made Dame in 1933. Just shortly before her ninety-second birthday, on June 11, 1998, Catherine died in her home near Newcastle-upon-Tyne. "Kate Hannigan's Girl" (1999), was published posthumously and continues the story of her first novel.

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