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Author: Linda C. McClain
Publisher: Oxford University Press
ISBN: 0190877219
Category : Law
Languages : en
Pages : 305
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Book Description
Historically, critics of interracial, interfaith, and most recently same-sex marriage have invoked conscience and religious liberty to defend their objections, and often they have been accused of bigotry. Although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. In Who's the Bigot?, the eminent legal scholar Linda C. McClain traces the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. Is "bigotry" simply the term society gives to repudiated beliefs that now are beyond the pale? She argues that the differing views people hold about bigotry reflect competing understandings of what it means to be "on the wrong side of history" and the ways present forms of discrimination resemble or differ from past forms. Furthermore, McClain shows that bigotry has both a backward- and forward-looking dimension. We not only learn the meaning of bigotry by looking to the past, but we also use examples of bigotry, on which there is now consensus, as the basis for making new judgments about what does or does not constitute bigotry and coming to new understandings of both injustice and justice. By examining charges of bigotry and defenses based on conscience and religious belief in these debates, Who's the Bigot? makes a novel and timely contribution to our understanding of the relationship between religious liberty and discrimination in American life.
Author: Linda C. McClain
Publisher: Oxford University Press
ISBN: 0190877219
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
Historically, critics of interracial, interfaith, and most recently same-sex marriage have invoked conscience and religious liberty to defend their objections, and often they have been accused of bigotry. Although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. In Who's the Bigot?, the eminent legal scholar Linda C. McClain traces the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. Is "bigotry" simply the term society gives to repudiated beliefs that now are beyond the pale? She argues that the differing views people hold about bigotry reflect competing understandings of what it means to be "on the wrong side of history" and the ways present forms of discrimination resemble or differ from past forms. Furthermore, McClain shows that bigotry has both a backward- and forward-looking dimension. We not only learn the meaning of bigotry by looking to the past, but we also use examples of bigotry, on which there is now consensus, as the basis for making new judgments about what does or does not constitute bigotry and coming to new understandings of both injustice and justice. By examining charges of bigotry and defenses based on conscience and religious belief in these debates, Who's the Bigot? makes a novel and timely contribution to our understanding of the relationship between religious liberty and discrimination in American life.
Author: Anders Berg-Sorensen
Publisher: Routledge
ISBN: 131716024X
Category : Religion
Languages : en
Pages : 262
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Book Description
As we enter the twenty-first century, the role of religion within civic society has become an issue of central concern across the world. The complex trends of secularism, multiculturalism and the rise of religiously motivated violence raise fundamental questions about the relationship between political institutions, civic culture and religious groups. Contesting Secularism represents a major intervention into this debate. Drawing together contributions from leading scholars from across the world it analyses how secularism functions as a political doctrine in different national contexts put under pressure by globalisation. In doing so it presents different models for the relationship between political institutions and religious groups, challenging the reader to be more aware of assumptions within their own cultural context, and raises alternative possibilities for the structure of democratic, multi-faith societies. Through its inter-disciplinary and comparative approach, Contesting Secularism sets a new agenda for thinking about the place of religion in the public sphere of twenty-first century societies. It is essential reading for policymakers, as well as for scholars and students in political science, law, sociology and religious studies.
Author: Stephen V. Monsma
Publisher: Rowman & Littlefield
ISBN: 1442214309
Category : Political Science
Languages : en
Pages : 239
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Book Description
Faith-based organizations play a major role in providing a host of health, educational, and social services to the public. Nearly all these efforts, however, have been accompanied by intense debate and numerous legal challenges. The right of faith-based organizations to hire based on religion, the presence of religious symbols and icons in rooms where government-subsidized services are provided, and the enforcement of gay civil rights to which some faith-based organizations object all continue to be subjects of intense debate and numerous court cases. In Pluralism and Freedom, Stephen V. Monsma explores the question of how much autonomy should faith-based organizations retain when they enter the public realm? He contends that pluralism and freedom demand their religious freedom be respected, but that freedom of all religious traditions and of the general public and secular groups be equally respected, ideals that neither the left nor the right live up to. In response, Monsma argues that democratic pluralism requires a genuine, authentic--but also a limited--autonomy for faith-based organizations providing public services, and offers practical, concrete public policy applications of this framework in practice.
Author: James C. Foster
Publisher: University of Alaska Press
ISBN: 1602230900
Category : Political Science
Languages : en
Pages : 384
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Book Description
In January 2002, for the first time, the Olympic Torch Relay visited Alaska on its way to the Winter Games. When the relay runner and accompanying camera cars passed Juneau-Douglas High School, senior Joseph Frederick and several friends unfurled a fourteen-foot banner reading "BONG HiTS 4 JESUS." An in-depth look at student rights within a public high school, this book chronicles the events that followed: Frederick's suspension, the subsequent suit against the school district, and, ultimately, the escalation of a local conflict into a federal case. Brought to life through interviews with the principal figures in the case, Bong Hits 4 Jesus is a gripping tale of the boundaries of free speech in an American high school.
Author: Luke C. Sheahan
Publisher: University Press of Kansas
ISBN: 0700629254
Category : Political Science
Languages : en
Pages : 240
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Book Description
First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university’s policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it. Sheahan’s argument centers upon what he calls the “First Amendment Dichotomy” in the Court’s theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis. Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society.
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 1429989955
Category : Law
Languages : en
Pages : 623
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Book Description
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
Author: John D. Inazu
Publisher: Yale University Press
ISBN: 0300173156
Category : Political Science
Languages : en
Pages : 289
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Book Description
This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association' undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition.
Author: United States. Congress. House. Committee on Education and Labor. Subcommittee on Elementary, Secondary, and Vocational Education
Publisher:
ISBN:
Category : Meditation
Languages : en
Pages : 266
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Book Description
Author: John D. Inazu
Publisher: University of Chicago Press
ISBN: 022659257X
Category : Law
Languages : en
Pages : 187
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Book Description
In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.
Author: Marilyn Webb
Publisher: Bantam
ISBN: 0307801772
Category : Family & Relationships
Languages : en
Pages : 513
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Book Description
The Good Death is the first full-scale examination of one of today's most complex issues: the profound change in the way Americans think about and confront death. Drawing on more than six years of firsthand research and reporting, noted journalist Marilyn Webb builds her account around intimate portraits of the dying themselves. She explains why some deaths become shockingly difficult--and needlessly painful--and how the struggles over end-of-life decisions can pit patient and family against hospitals, doctors, insurance companies, religious groups, and the law. But there is good news as well. Webb describes many extraordinary programs and individuals who are changing the face of dying. An abundant source of comfort and hope, The Good Death shows how the essential elements of humane--even uplifted--death are available to all of us, if we know what is possible, where to go for help, and how to prepare.
