What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.
This book addresses one of the most urgent issues in contemporary American law—namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called “corporate moral persons.” Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or “persons” in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel—and controversial—form of religious freedom.
An expanded version of a series of debates between the authors, this book examines the nature of corporate rights, especially with respect to religious liberty, in the context of the controversial Hobby Lobby case from the Supreme Court's 2013-14 term.
What was unfathomable in the first two decades of the twenty-first century has become a reality. Religious liberty, both in the United States and across the world, is in crisis. As we navigate the coming decades, We the People must know our rights more than ever, particularly as it relates to the freedom to exercise our religion. Armed with a proper understanding of this country’s rich tradition of religious liberty, we can protect faith through any crisis that comes our way. Without that understanding, though, we’ll watch as the creeping secular age erodes our freedom. In this book, Ken Starr explores the crises that threaten religious liberty in America. He also examines the ways well-meaning government action sometimes undermines the religious liberty of the people, and how the Supreme Court in the past has ultimately provided us protection from such forms of government overreach. He also explores the possibilities of future overreach by government officials. The reader will learn how each of us can resist the quarantining of our faith within the confines of the law, and why that resistance is important. Through gaining a deep understanding of the Constitutional importance of religious expression, Starr invites the reader to be a part of protecting those rights of religious freedom and taking a more active role in advancing the cause of liberty.
Early American advocates of freedom did not believe in religious liberty in spite of their Christianity, but explicitly because of their individual faith in Christ, which had been molded and instructed by the Bible. The greatest evidence of their commitment to liberty can be found in their willingness to support the cause of freedom for those different from themselves. The assertion that the Enlightenment is responsible for the American Bill of Rights may be common, but it is devoid of any meaningful connection to the actual historical account. History reveals a different story, intricately gathered from the following: Influence of William Tyndale's translation work and the court intrigues of Henry VIII Spread of the Reformation through the eyes of Martin Luther, John Knox, and John Calvin The fight to establish a bill of rights that would guarantee every American citizen the free exercise of their religion. James Madison played a key role in the founding of America and in the establishment of religious liberty. But the true heroes of our story are the common people whom Tyndale inspired and Madison marshaled for political victory. These individuals read the Word of God for themselves and truly understood both the liberty of the soul and the liberty of the mind. The History of Religious Liberty is a sweeping literary work that passionately traces the epic history of religious liberty across three centuries, from the turbulent days of medieval Europe to colonial America and the birth pangs of a new nation.
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.
Excerpt from The Rise of Religious Liberty in America: A History Though the title of this work suggests a topic having a religious aspect, yet the hook itself offers no history of the churches or of religion in America. That field is well occupied by such works as those of Baird, Dorchester, Bacon, and others, and by denominational histories. The aim of the present work is political rather than religious. It attempts a systematic narrative - so far as the author is aware, not hitherto published - of that historical development through which the civil law in America came at last, after much struggle, to the decree of entire liberty of conscience and of worship. It is thus purely historical, and confines itself rigidly to those incidents in colonial history which are closely related to this special theme. The purpose is to exhibit in proper historical sequence those influences and events which guided the American republics to their unique solution of the world-old problem of Church and State - a solution so unique, so far-reaching, and so markedly diverse from European principles as to constitute the most striking contribution of America to the science of government. With such aim and for the double purpose of correcting certain popular misconceptions and of placing plainly before the mind the complete goal of this historical progress, it has seemed desirable to define in the first chapter the elements of a pure religious liberty, as that principle has embedded itself in the American mind and law. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
