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Religion and the Constitution

Religion and the Constitution

Law of America > Law of the United States > Federal law. Common and collective state law Individual states > Constitutional law > Individual and state > Civil and political rights and liberties > Particular constitutional guarantees > Freedom of expression > Freedom of religion and of conscience

Edition Details

  • Creator or Attribution (Responsibility): Kent Greenawalt
  • Biografical Information: 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”.
  • Language: English
  • Jurisdiction(s): New Jersey
  • Publication Information: Princeton, N.J. : Princeton University Press, ©2006-©2008
  • Publication Type (Medium): Electronic books
  • Material: Document, Internet resource
  • Type: Internet Resource, Computer File
  • Permalink: (Stable identifier)

Additional Format

Print version: Greenawalt, Kent, 1936- Religion and the Constitution. Princeton, N.J.: Princeton University Press, ©2006-©2008 (DLC) 2005049522 (OCoLC)62118433

Short Description

1 online resource (2 volumes)

Purpose and Intended Audience

Useful for students learning an area of law, Religion and the Constitution is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

  • Responsable Person: Kent Greenawalt.
  • Publication Date: 2006
  • Copyright Date: 2006/2008
  • Location: Princeton, N.J.
  • Country/State: New Jersey
  • Number of Editions: 48 editions
  • First edition Date: 2006
  • Last edition Date: 2009
  • Languages: US English, Chinese
  • Library of Congress Code: KF4783
  • Dewey Code: 342.730852
  • ISBN: 9781400827527 1400827523
  • OCLC: 665775064

Publisher Description:

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.

Main Contents

v. 1. Free exercise and fairness. History and doctrine ; Freedom from compelled profession of belief, adverse targeting, and discrimination ; Conscientious objection to military service ; Religious exemptions and drug use ; Free exercise objections to educational requirements ; Sincerity ; Saying what counts as religious ; Controlled environments : military and prison life ; Indirect impingements : unemployment compensation ; Sunday closing laws and Sabbatarian business owners ; Government development of sacred property ; Difficult determinations : burden and government interest ; Land development and regulation ; Confidential communications with clergy ; Settling disputes over church property ; Wrongs and rights of religious association : the limits of tort liability for religious groups and their leaders ; Employment relations : ordinary discrimination and accommodation ; Employment relations : harassment ; Rights of religious associations : selectivity ; Medical procedures ; Child custody. v. 2. Establishment and fairness. Introduction ; History ; The development of doctrine and its significance ; Government aid to religion and promulgating religious doctrine ; Religious words and symbols in public places ; Mild endorsements and promotions ; Public schools: devotions ; Public schools: teaching about religion ; 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 ; Tax exemptions and deductions ; Religion and the exemption strategy ; Limits of accommodation ; Financial support to religious institutions ; Aid to religious schools ; Religion clause skepticism ; Alternative approaches ; Justifications for the religion clauses ; Religiously based judgments and religious discourse in public life ; Legal Enforcement of religion-based morality ; Conclusion.

Table of Contents

Preface IX

CHAPTER 1: Introduction 1
CHAPTER 2: History and Doctrine 11
CHAPTER 3: Freedom from Compelled Profession of Belief, Adverse Targeting, and Discrimination 35
CHAPTER 4: Conscientious Objection to Military Service 49
CHAPTER 5: Religious Exemptions and Drug Use 68
CHAPTER 6: Free Exercise Objections to Educational Requirements 86

CHAPTER 7: Sincerity 109
CHAPTER 8: Saying What Counts as Religious 124
CHAPTER 9: Controlled Environments: Military and Prison Life 157
CHAPTER 10: Indirect Impingements: Unemployment Compensation 172
CHAPTER 11: Sunday Closing Laws and Sabbatarian
Business Owners 184
CHAPTER 12: Government Development of Sacred Property 192

CHAPTER 13: Difficult Determinations: Burden and
Government Interest 201
CHAPTER 14: Land Development and Regulation 233
CHAPTER 15: Confidential Communications with Clergy 246
CHAPTER 16: Settling Disputes over Church Property 261
CHAPTER 17: Wrongs and Rights of Religious Association: The
Limits of Tort Liability for Religious Groups and
Their Leaders 290
CHAPTER 18: Employment Relations: Ordinary Discrimination
and Accommodation 326
CHAPTER 19: Employment Relations: Harassment 359

CHAPTER 20: Rights of Religious Associations: Selectivity 377
CHAPTER 21: Medical Procedures 396
CHAPTER 22: Child Custody 421
CHAPTER 23: Conclusion (and Introduction) 439

Index 445

Structured Subjects (Headings):

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  • Article Name: Religion and the Constitution
  • Author: Sirpa Marshall
  • Description: Religion and the Constitution Law of America > Law of the United States > Federal law. Common and collective state law [...]

This entry was last updated: June 19, 2016

Church and state

Civil and political rights and liberties

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