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Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.
Author : Elizabeth A. Clark,Brett G. Scharffs Publisher : Kluwer Law International Page : 0 pages File Size : 48,5 Mb Release : 2016 Category : Church and state ISBN : 9041167641
Religion and Law in the USA by Elizabeth A. Clark,Brett G. Scharffs Pdf
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how the USA deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in the USA. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
Proportionality, Equality Laws, and Religion by Megan Pearson Pdf
This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.
Religious Freedom and the Law by Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley Pdf
This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.
Law and Religion by W. Cole Durham Jr.,Brett G. Scharffs Pdf
Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment. New to the Second Edition: ¿ National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marriage; and conscientious objection by religious organizations, government officials, pharmacies, businesses (including “wedding vendors”) to providing products, services, and insurance benefits in violation of religious beliefs ¿ International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women’s rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism ¿ Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women’s issues, such as genital cutting (worldwide, including U.S.) and divorce (“triple talaq” in India, Shari’a arbitration in Canada, and Shari’a councils in the U.K.) Professors and students will benefit from: ¿ Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more ¿ International law materials, including: o Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee o Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal foods; exemptions from church taxes; conscientious objection; proselytizing; religious oaths; church autonomy; religious education; and conflicts arising between religious freedom and other human rights (e.g., women's rights, rights of indigenous peoples, sexual minorities, and children's rights) o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism ¿ Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism
Religion and Politics in the United States by Kenneth D. Wald,Allison Calhoun-Brown Pdf
From marriage equality, to gun control, to immigration reform and the threat of war, religion plays a fascinating and crucial part in our nation's political process and in our culture at large. Now in its seventh edition, Religion and Politics in the United States includes analyses of the nation's most pressing political matters regarding religious freedom, and the ways in which that essential constitutional freedom situates itself within modern America. The book also explores the ways that religion has affected the orientation of partisan politics in the United States. Through a detailed review of the political attitudes and behaviors of major religious and minority faith traditions, the book establishes that religion continues to be a major part of the American cultural and political milieu while explaining that it must interact with many other factors to influence political outcomes in the United States.
The Church State Corporation by Winnifred Fallers Sullivan Pdf
"What is a church and what work does "church"-the church-do today in American law? In Church State Corporation, Sullivan argues that the appeals to "the church" we find in legal opinions express what she calls a "Christian mystical political theology" that naturalizes religion in the American legal imagination and limits the law's ability to acknowledge religion more broadly. To pinpoint the work the church does in US law, Sullivan examines two recent Supreme Court cases, Hosanna-Tabor v. Equal Employment Opportunity Commission (2012) and Burwell v. Hobby Lobby (2014), in order to map the contours of the "church-shaped space" at the heart of what constitutes religion in US law. Sullivan also examines a constellation of church property cases, cases developing corporate personhood such as Citizens United, and what the "Angola Church"-a collection of churches formed within the Louisiana State Penitentiary at Angola-reveals about the range of the church's influence in US law. In all, the reader is treated to a remarkably thought-provoking analysis of the ways the church persists in US law, one that calls into question our basic assumptions about our supposedly secular age"--
Law, Education, and the Place of Religion in Public Schools by Charles Russo Pdf
This text presents a comparative, cross-cultural analysis of the legal status of religion in public education in eighteen different nations while offering recommendations for the future improvement of religious education in public schools. Offering rich, analytical insights from a range of renowned scholars with expertise in law, education, and religion, this volume provides detailed consideration of legal complexities impacting the place of religion and religious education in public education. The volume pays attention to issues of national and international relevance including the separation of the church and state; public funding of religious education; the accommodation of students’ devotional needs; and compulsory religious education. The volume thus highlights the increasingly complex interplay of religion, law, and education in diverse educational settings and cultures across developing and developed nations. Providing a valuable contribution to the field of religious secondary education research, this volume will be of interest to researchers, academics, and educators with an interest in religion and law, international and comparative education, and those involved with educational policy at all levels. Those more broadly interested in moral and values education will also benefit from the discussions the book contains.
Author : Charles McCrary Publisher : University of Chicago Press Page : 309 pages File Size : 44,7 Mb Release : 2022-04-08 Category : Law ISBN : 9780226817958
"If you read Supreme Court opinions on cases involving First Amendment religion issues, you're likely to encounter the ubiquitous phrase "sincerely held religious belief." The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, determining what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how "sincerely held religious belief" became the primary standard for determining what legally counts as genuine religion. McCrary traces the interlocking histories of sincerity, religion, and secularism in the US, starting in the mid-nineteenth century. He then shows how, in the 1940s, as the courts expanded the concept of religious freedom, they incorporated the notion of sincerity as a key element in determining religious freedom protections. The legal sincerity test was part of a larger trend in which the category "religion" became largely individualized and correlated with "belief." This linking of religion and belief, with all its Protestant underpinnings, is a central concern of critical secularism studies. McCrary contributes to this conversation by revealing the history of how sincerity and sincerely held religious belief developed as technologies of secular governance, constraining the type of subject one has to be in order to receive protections from the state"--
The Rule of Law and the Rule of God by S. Ilesanmi,W. Lee,J. Parker Pdf
This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived.
Religion, Law, and the Medical Neglect of Children in the United States, 1870–2000 by Lynne Curry Pdf
Drawing upon a diverse range of archival evidence, medical treatises, religious texts, public discourses, and legal documents, this book examines the rich historical context in which controversies surrounding the medical neglect of children erupted onto the American scene. It argues that several nineteenth-century developments collided to produce the first criminal prosecutions of parents who rejected medical attendance as a tenet of their religious faith. A view of children as distinct biological beings with particularized needs for physical care had engendered both the new medical practice field of pediatrics and a vigorous child welfare movement that forced legislatures and courts to reconsider public and private responsibility for ensuring children’s physical well-being. At the same time, a number of healing religions had emerged to challenge the growing authority of medical doctors and the appropriate role of the state in the realm of child welfare. The rapid proliferation of the new healing churches, and the mixed outcomes of parents’ criminal trials, reflected ongoing uneasiness about the increasing presence of science in American life.
For six months in 2004, controversy raged in Hamtramck, Michigan, as residents debated a proposed amendment that would exempt the adhan, or Islamic call to prayer, from the city’s anti-noise ordinance. The call to prayer functioned as a flashpoint in disputes about the integration of Muslims into this historically Polish-Catholic community. No one openly contested Muslims’ right to worship in their mosques, but many neighbors framed their resistance around what they regarded as the inappropriate public pronouncement of Islamic presence, an announcement that audibly intruded upon their public space. Throughout U.S. history, complaints about religion as noise have proven useful both for restraining religious dissent and for circumscribing religion’s boundaries more generally. At the same time, religious individuals and groups rarely have kept quiet. They have insisted on their right to practice religion out loud, implicitly advancing alternative understandings of religion and its place in the modern world. In Religion Out Loud, Isaac Weiner takes such sonic disputes seriously. Weaving the story of religious “noise” through multiple historical eras and diverse religious communities, he convincingly demonstrates that religious pluralism has never been solely a matter of competing values, truth claims, or moral doctrines, but of different styles of public practice, of fundamentally different ways of using body and space—and that these differences ultimately have expressed very different conceptions of religion itself. Weiner’s innovative work encourages scholars to pay much greater attention to the publicly contested sensory cultures of American religious life.