Sincerely Held

Sincerely Held

Author: Charles McCrary

Publisher: University of Chicago Press

Published: 2022-04-08

Total Pages: 309

ISBN-13: 0226817954

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"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"--


Sincerely Held

Sincerely Held

Author: Charles McCrary

Publisher: University of Chicago Press

Published: 2022-04-08

Total Pages: 309

ISBN-13: 0226817946

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A novel account of the relationship between sincerity, religious freedom, and the secular in the United States. “Sincerely held religious belief” is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The “sincerity test” of religious belief has become a cornerstone of US jurisprudence, framing 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 authentic religion. McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville’s novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn’t entitle a person to receive protections from the state. This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly “post-truth” era.


Religious Freedom in an Egalitarian Age

Religious Freedom in an Egalitarian Age

Author: Nelson Tebbe

Publisher: Harvard University Press

Published: 2017-02-06

Total Pages: 279

ISBN-13: 0674971434

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Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer. Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.


Legal Analysis of Religious Exemptions for Photo Identification Requirements

Legal Analysis of Religious Exemptions for Photo Identification Requirements

Author: Cynthia Brougher

Publisher: DIANE Publishing

Published: 2011

Total Pages: 14

ISBN-13: 1437939457

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This is a print on demand edition of a hard to find publication. The 111th Congress has considered the issue of possible exemptions to fed. photo ID requirements. Contents of this report: (1) Legal Protections for Religious Exercise: Free Exercise Clause; Religious Freedom Restoration Act; (2) Religious Objections to Photo ID Requirements: Analysis of Religious Objections to Photo Requirements; Judicial Considerations in State Driver¿s License Exemption Claims; Strictness of the Underlying Religious Doctrine; Avail. of Other Exemptions or Alternative Methods of ID; (3) Is an Exemption Required for Fed. ID Requirements?; Lawsuits Challenging Photo Requirements; Lawsuits Challenging Photo Requirements Post-9/11; Potential Exemptions to Fed. Photo Requirements.


Church State Corporation

Church State Corporation

Author: Winnifred Fallers Sullivan

Publisher: University of Chicago Press

Published: 2020-07-15

Total Pages: 223

ISBN-13: 022645469X

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Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.


Law and Religious Pluralism in Canada

Law and Religious Pluralism in Canada

Author: Richard J. Moon

Publisher: UBC Press

Published: 2009-05-01

Total Pages: 327

ISBN-13: 0774858532

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Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.


Eternally Vigilant

Eternally Vigilant

Author: Lee C. Bollinger

Publisher: University of Chicago Press

Published: 2003-04

Total Pages: 348

ISBN-13: 9780226063546

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While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media. "With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal Contributors: Lillian R. BeVier Vincent Blasi Lee C. Bollinger Stanley Fish Owen M. Fiss R. Kent Greenawalt Richard A. Posner Robert C. Post Frederick Schauer Geoffrey R. Stone David A. Strauss Cass R. Sunstein


Why Tolerate Religion?

Why Tolerate Religion?

Author: Brian Leiter

Publisher: Princeton University Press

Published: 2014-08-24

Total Pages: 215

ISBN-13: 140085234X

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Why it's wrong to single out religious liberty for special legal protections This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.


Religious Conversion

Religious Conversion

Author: Shanta Premawardhana

Publisher: John Wiley & Sons

Published: 2015-08-17

Total Pages: 233

ISBN-13: 1118972384

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Religious Conversion: Religion Scholars Thinking Together explores various issues relating to the nature, methods, and effects of religious conversion in the major world faiths. Presents the results of an innovative ten-year project initiated the World Council of Churches Features contributions from religious scholars and leaders of Buddhist, Christian, Hindu, Jewish, and Muslim traditions Considers myriad issues relating to the nature, methods, and effects of religious conversion in the major world faiths Addresses questions on religious freedom, legal considerations, and the future for religious conversion