This truly interdisciplinary volume brings together respected historians, social scientists, legal scholars, and advocates. As their contributions attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the contested legacy of religious freedom, from the nation’s founding and the rise of public education, to the subsequent waves of immigration that added successive layers of diversity to American society.
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.
From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
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.
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers to private school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers to private school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.
Conservative and progressive religious groups fiercely disagree about issues of sex and gender. But how did we get here? Melissa J. Wilde shows how today’s modern divisions began in the 1930s in the public battles over birth control and not for the reasons we might expect. By examining thirty of America’s most prominent religious groups—from Mormons to Methodists, Southern Baptists to Seventh Day Adventists, and many others—Wilde contends that fights over birth control had little do with sex, women’s rights, or privacy. Using a veritable treasure trove of data, including census and archival materials and more than 10,000 articles, statements, and sermons from religious and secular periodicals, Wilde demonstrates that the push to liberalize positions on contraception was tied to complex views of race, immigration, and manifest destiny among America’s most prominent religious groups. Taking us from the Depression era, when support for the eugenics movement saw birth control as an act of duty for less desirable groups, to the 1960s, by which time most groups had forgotten the reasons behind their stances on contraception (but not the concerns driving them), Birth Control Battles explains how reproductive politics divided American religion. In doing so, this book shows the enduring importance of race and class for American religion as it rewrites our understanding of what it has meant to be progressive or conservative in America.