Religious Freedom


Book Description

For over one hundred years, Thomas Jefferson and his Statute for Establishing Religious Freedom have stood at the center of our understanding of religious liberty and the First Amendment. Jefferson’s expansive vision—including his insistence that political freedom and free thought would be at risk if we did not keep government out of the church and church out of government—enjoyed a near consensus of support at the Supreme Court and among historians, until Justice William Rehnquist called reliance on Jefferson "demonstrably incorrect." Since then, Rehnquist’s call has been taken up by a bevy of jurists and academics anxious to encourage renewed government involvement with religion. In Religious Freedom: Jefferson’s Legacy, America’s Creed, the historian and lawyer John Ragosta offers a vigorous defense of Jefferson’s advocacy for a strict separation of church and state. Beginning with a close look at Jefferson’s own religious evolution, Ragosta shows that deep religious beliefs were at the heart of Jefferson’s views on religious freedom. Basing his analysis on that Jeffersonian vision, Ragosta redefines our understanding of how and why the First Amendment was adopted. He shows how the amendment’s focus on maintaining the authority of states to regulate religious freedom demonstrates that a very strict restriction on federal action was intended. Ultimately revealing that the great sage demanded a firm separation of church and state but never sought a wholly secular public square, Ragosta provides a new perspective on Jefferson, the First Amendment, and religious liberty within the United States.




Free to Believe


Book Description

A leading religious freedom attorney, the veteran of several Supreme Court battles, helps people of faith understand religious liberty in our rapidly changing culture—why it matters, how it is threatened, and how to respond with confidence and grace. WINNER OF THE CHRISTIAN BOOK AWARD® • THE GOSPEL COALITION'S BEST BOOK OF THE YEAR, PUBLIC THEOLOGY & CURRENT EVENTS • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY WORLD MAGAZINE Many Americans feel like their religious freedom is under attack. They see the culture changing around them, and they fear that their beliefs will soon be punished as a form of bigotry. Others think these fears are overblown and say Christians should stop complaining about imaginary persecution. In Free to Believe leading religious freedom attorney Luke Goodrich challenges both sides of this debate, offering a fresh perspective on the most controversial religious freedom conflicts today. With penetrating insights on gay rights, abortion rights, Islam, and the public square, Goodrich argues that threats to religious freedom are real—but they might not be quite what you think. As a lawyer at the Becket Fund for Religious Liberty, Goodrich has won several historic Supreme Court victories for clients such as the Little Sisters of the Poor and Hobby Lobby. Combining frontline experience with faithful attention to Scripture, Goodrich shows why religious freedom matters, how it is threatened, and how to protect it. The result is a groundbreaking book full of clear insight, practical wisdom, and refreshing hope for all people of faith.




Free to Serve


Book Description

What do Hobby Lobby, InterVarsity Christian Fellowship, Wheaton College, World Vision, the Little Sisters of the Poor, and the University of Notre Dame have in common? All are faith-based organizations that have faced pressure to act in ways contrary to their religious beliefs. In this book, two policy experts show how faith-based groups--those active in the educational, healthcare, international aid and development, and social service fields--can defend their ability to follow their religiously based beliefs without having to jettison the very faith and faith-based practices that led them to provide services to those in need. They present a pluralist vision for religious freedom for faith-based organizations of all religious traditions. The book includes case studies that document the challenges faith-based organizations face to freely follow the practices of their religious traditions and analyzes these threats as originating in a common, yet erroneous, set of assumptions and attitudes prevalent in American society. The book also includes responses by diverse voices--an Orthodox Jew, a Roman Catholic, two evangelicals, two Islamic leaders, and an unbeliever who is a religious-freedom advocate--underscoring the importance of religious freedom for faith-based organizations.




Religious Freedom at Risk


Book Description

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laïcité, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. 内容紹介 この本はヨーロッパにおける宗教の自由に関する問題を考察したもので、欧州人権裁 判所のそれに関する取り組みと、フランスにおける多文化主義、世俗主義、イスラム女 性、西洋におけるイスラム教の問題について調査している。その成果として、法的分析 、例えば政教分離などの概念に注目した民俗学的実地調査、提案、とりわけ公教育にお ける国家の公平性と役割に注目し、それを示している。この本を通して、読者はフラン スのパリ南部の低所得地域にある公立学校の内部事情を知ることができる。そしてイス ラム教徒が頭にスカーフをかぶることを禁じた2004年制定の法律が可決されるに至った 複雑な作用について学ぶことができる。各章では、法案成立のお膳立てをしてきた学校 関係者とその文化、そしてそれを支えた政治哲学について明らかにしている。宗教の自 由と独自性が人々にどのくらい理解されているかを計るために、学校文化と哲学を、教 員や管理職、学生の考えや意見と比較対比している。この本ではさらに欧州人権裁判所 における宗教の自由に関する問題を探求している。宗教の自由に関する権利は十分に理 解されておらず、人々はイスラム教についての固定的な見方から抜け出せないため、そ れが宗教の自由という考えを露骨に危険にさらしている。そして、宗教と国内政治のも つれによって、裁判所は微妙だが重要な差違を軽視し、それにより、世俗主義、多元主 義、民主主義が危険にさらされていると著者は述べている。この本は大変読みやすくわ かりやすいため、法律、人類学、宗教学、宗教哲学を学ぶ学生や研究者にお勧めしたい 本である。




Defining Harm


Book Description

A powerful examination of the governance of a religious citizen and of the limits of religious freedom, this book demonstrates that the stakes in debates on religious freedom are not just about beliefs and practices but also have implications for the construction of citizenship in a diverse nation. Lori Beaman looks at the case of Jehovah’s Witness Bethany Hughes who was denied her right to refuse treatment on the basis of her religious conviction, reflecting a particular moment in the socio-legal treatment of religious freedom and reveals the specific intersection of religious, medical, legal, and other discourses in the governance of the religious citizen.




Debating Religious Liberty and Discrimination


Book Description

This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts (RFRAs), anti-discrimination law, and age-old questions about identity, morality, and society.




Defend the Sacred


Book Description

"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--




How to Be Secular


Book Description

Argues that a return to a more secular America will promote religious diversity and freedom, and help eliminate the widening divide between religious conservatives and staunch atheists.




Law, Religion, and Freedom


Book Description

This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. It will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.




The Right to Be Wrong


Book Description

In the running debate we call the "culture wars," there exists a great feud over religious diversity. One side demands that only their true religion be allowed in the public square; the other insists that no religions ever belong there. The Right to Be Wrong offers a solution, drawing its lessons from a series of stories--both contemporary and historical--that illustrates the struggle to define religious freedom. The book concludes that freedom for all is guaranteed by the truth about each of us: Our common humanity entitles us to freedom--within broad limits--to follow what we believe to be true as our consciences say we must, even if our consciences are mistaken. Thus, we can respect others' freedom when we're sure they're wrong. In truth, they have the right to be wrong.