Author: David Sehat
Publisher: Oxford University Press
ISBN: 0199793115
Category : Religion
Languages : en
Pages : 368
Book Description
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
The Myth of American Religious Freedom
Author: David Sehat
Publisher: Oxford University Press
ISBN: 0199793115
Category : Religion
Languages : en
Pages : 368
Book Description
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Publisher: Oxford University Press
ISBN: 0199793115
Category : Religion
Languages : en
Pages : 368
Book Description
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Liberalism’s Religion
Author: Cécile Laborde
Publisher: Harvard University Press
ISBN: 0674976266
Category : Philosophy
Languages : en
Pages : 345
Book Description
Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.
Publisher: Harvard University Press
ISBN: 0674976266
Category : Philosophy
Languages : en
Pages : 345
Book Description
Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.
Religious Conviction in Liberal Politics
Author: Christopher J. Eberle
Publisher: Cambridge University Press
ISBN: 9780521011556
Category : Law
Languages : en
Pages : 420
Book Description
A controversial defense of religious convictions in political activities.
Publisher: Cambridge University Press
ISBN: 9780521011556
Category : Law
Languages : en
Pages : 420
Book Description
A controversial defense of religious convictions in political activities.
Free Exercise of Religion in the Liberal Polity
Author: Emily R. Gill
Publisher: Springer Nature
ISBN: 3030250377
Category : Social Science
Languages : en
Pages : 309
Book Description
This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.
Publisher: Springer Nature
ISBN: 3030250377
Category : Social Science
Languages : en
Pages : 309
Book Description
This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.
Law and Religion in the Liberal State
Author: Md Jahid Hossain Bhuiyan
Publisher: Bloomsbury Publishing
ISBN: 1509926356
Category : Law
Languages : en
Pages : 273
Book Description
The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.
Publisher: Bloomsbury Publishing
ISBN: 1509926356
Category : Law
Languages : en
Pages : 273
Book Description
The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.
The Impossibility of Religious Freedom
Author: Winnifred Fallers Sullivan
Publisher: Princeton University Press
ISBN: 0691180954
Category : Law
Languages : en
Pages : 330
Book Description
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
Publisher: Princeton University Press
ISBN: 0691180954
Category : Law
Languages : en
Pages : 330
Book Description
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
The Religion Clauses
Author: Howard Gillman
Publisher:
ISBN: 0190699736
Category : Law
Languages : en
Pages : 241
Book Description
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.
Publisher:
ISBN: 0190699736
Category : Law
Languages : en
Pages : 241
Book Description
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.
The Liberal Conscience
Author: Lucas Swaine
Publisher: Columbia University Press
ISBN: 9780231136044
Category : Philosophy
Languages : en
Pages : 240
Book Description
This bold work offers solutions to the seemingly irreconcilable divide between liberal society and theocracy by reasserting the importance of the liberty of conscience and principles of religious toleration.
Publisher: Columbia University Press
ISBN: 9780231136044
Category : Philosophy
Languages : en
Pages : 240
Book Description
This bold work offers solutions to the seemingly irreconcilable divide between liberal society and theocracy by reasserting the importance of the liberty of conscience and principles of religious toleration.
Post-Liberal Religious Liberty
Author: Joel Harrison
Publisher: Cambridge University Press
ISBN: 110883650X
Category : Law
Languages : en
Pages : 279
Book Description
A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Publisher: Cambridge University Press
ISBN: 110883650X
Category : Law
Languages : en
Pages : 279
Book Description
A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
When Government Speaks
Author: Mark G. Yudof
Publisher: Univ of California Press
ISBN: 0520261755
Category : History
Languages : en
Pages : 343
Book Description
Government's ever-increasing participation in communication processes, Mark Yudof argues, threatens key democratic values that the First Amendment was designed to protect. Government control over the exchange of ideas and information would be inconsistent with citizen autonomy, informed consent, and a balanced and mutually responsive relationship between citizens and their government. Yet the danger of government dominance must be weighed against the necessary role of government in furthering democratic values by proposing and promotion policies and by disseminating information and educating citizens. Restraints on government's ability to control communications processes are desirable, but excessive or inappropriate restrictions threaten democracy. Professor Yudof identifies a number of formal and informal checks on government as disseminator, withholder, and controller of ideas and information. Where more controls are needed, the strengthening of pluralism and legislative oversight is generally the answer. Constitutional redress in the courts should be sought only in extreme instances, he cautions, to avoid judicial interference with legitimate policy objectives.
Publisher: Univ of California Press
ISBN: 0520261755
Category : History
Languages : en
Pages : 343
Book Description
Government's ever-increasing participation in communication processes, Mark Yudof argues, threatens key democratic values that the First Amendment was designed to protect. Government control over the exchange of ideas and information would be inconsistent with citizen autonomy, informed consent, and a balanced and mutually responsive relationship between citizens and their government. Yet the danger of government dominance must be weighed against the necessary role of government in furthering democratic values by proposing and promotion policies and by disseminating information and educating citizens. Restraints on government's ability to control communications processes are desirable, but excessive or inappropriate restrictions threaten democracy. Professor Yudof identifies a number of formal and informal checks on government as disseminator, withholder, and controller of ideas and information. Where more controls are needed, the strengthening of pluralism and legislative oversight is generally the answer. Constitutional redress in the courts should be sought only in extreme instances, he cautions, to avoid judicial interference with legitimate policy objectives.