Religion and the Constitution, Volume 1

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Princeton University Press, 2006 - Law - 455 pages
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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 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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Contents

Introduction
1
History and Doctrine
11
Freedom from Compelled Profession of Belief Adverse Targeting and Discrimination
35
Conscientious Objection to Military Service
49
Religious Exemptions and Drug Use
68
Free Exercise Objections to Educational Requirements
86
Sincerity
109
Saying What Counts as Religious
124
Land Development and Regulation
233
Confidential Communications with Clergy
246
Settling Disputes over Church Property
261
Wrongs and Rights of Religious Association The Limits of Tort Liability for Religious Groups and Their Leaders
290
Employment Relations Ordinary Discrimination and Accommodation
326
Employment Relations Harassment
359
Rights of Religious Associations Selectivity
377
Medical Procedures
396

Controlled Environments Military and Prison Life
157
Indirect Impingements Unemployment Compensation
172
Sunday Closing Laws and Sabbatarian Business Owners
184
Government Development of Sacred Property
192
Difficult Determinations Burden and Government Interest
201
Child Custody
421
Conclusion and Introduction
439
Index
445
Copyright

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About the author (2006)

Kent Greenawalt is University Professor at Columbia University, teaching in the law school, and a former Deputy Solicitor General of the United States. His books include "Does God Belong in Public Schools?" and "Fighting Words" (both Princeton), as well as "Conflicts of Law and Morality" and "Religious Convictions and Political Choice.

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