The Religion Clauses


Book Description

"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--







God and Caesar in Nebraska


Book Description




The Law of Church and State in the Supreme Court Revisited


Book Description

The religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." In modern times the Supreme Court has frequently construes these clauses to create, in Thomas Jefferson's oft-quoted metaphor, a "wall of separation between church and state". The Court's decisions have precipitated substantial opposition and, in particularly since the election of Ronald Reagan to the Presidency in 1980, a concerted and partly successful effort to change its separatist constructions of the religion clauses. This volume summarises the doctrinal debates and shifts on the religion clauses that have occurred on the Court during this period. It summarises and examines as well the legal effect of each of the 56 decisions the Court has handed down concerning church and state since 1980.







The Church State Corporation


Book Description

"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"--







Politics, Law, and the Church


Book Description

Politics, Law and the Church examines the proper relationship between one's faith and politics. This involves issues of religious freedom, conscience, obedience to authority, political compromise, and other matters which touch upon the core convictions of any society. Gregory M. Faulhaber examines these issues through the exchange between Mario M. Cuomo, former Governor of New York State, and John J. O'Connor, Cardinal Archbishop of New York.