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.




Secularism


Book Description

What is secularism? -- Secularism in Western societies -- Secularism diversifies -- The case for Secularism -- The case against Secularism -- Conceptions of Secularism -- Hard questions and new conflicts -- Afterword: the future of Secularism




The Tragedy of Religious Freedom


Book Description

When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.




The Price of Freedom Denied


Book Description

The Price of Freedom Denied shows that, contrary to popular opinion, ensuring religious freedom for all reduces violent religious persecution and conflict. Others have suggested that restrictions on religion are necessary to maintain order or preserve a peaceful religious homogeneity. Brian J. Grim and Roger Finke show that restricting religious freedoms is associated with higher levels of violent persecution. Relying on a new source of coded data for nearly 200 countries and case studies of six countries, the book offers a global profile of religious freedom and religious persecution. Grim and Finke report that persecution is evident in all regions and is standard fare for many. They also find that religious freedoms are routinely denied and that government and the society at large serve to restrict these freedoms. They conclude that the price of freedom denied is high indeed.




First Freedom


Book Description

First Freedom is an important gathering of messages from a recent conference on religious liberty held at Southwestern Baptist Theological Seminary. Editor Jason B. Duesing explains: "The purpose of this collection is, first, to provide an introductory look into the biblical and historical foundations of religious liberty combined with several instances of contemporary expression and defense for the purpose of instruction, edification, and encouragement to all who take the time to read this volume. Second, however, we wish to remind Baptists in the twenty-first century of the price that was paid by their forefathers for the establishment and defense of religious liberty. To be sure, there were people of various religious and denominational preferences that providence used to implement the religious freedoms now enjoyed by all, but for Baptists to overlook the contribution of their own would be a travesty."




Liberty for All


Book Description

Christians are often thought of as defending only their own religious interests in the public square. They are viewed as worrying exclusively about the erosion of their freedom to assemble and to follow their convictions, while not seeming as concerned about publicly defending the rights of Muslims, Hindus, Jews, and atheists to do the same. Andrew T. Walker, an emerging Southern Baptist public theologian, argues for a robust Christian ethic of religious liberty that helps the church defend religious freedom for everyone in a pluralistic society. Whether explicitly religious or not, says Walker, every person is striving to make sense of his or her life. The Christian foundations of religious freedom provide a framework for how Christians can navigate deep religious difference in a secular age. As we practice religious liberty for our neighbors, we can find civility and commonality amid disagreement, further the church's engagement in the public square, and become the strongest defenders of religious liberty for all. Foreword by noted Princeton scholar Robert P. George.




The Rise and Decline of American Religious Freedom


Book Description

Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.




The Sacred Rights of Conscience


Book Description

This compilation of primary documents provides a thorough and balanced examination of the evolving relationship between public religion and American culture, from pre-colonial biblical and European sources to the early nineteenth century, to allow the reader to explore the social and political forces that defined the concept of religious liberty and shaped American church-state relations. --from publisher description.




Essays on Church, State, and Politics


Book Description

The essays selected here for translation derive largely from Thomasius's work on Staatskirchenrecht, or the political jurisprudence of church law. These works, originating as disputations, theses, and pamphlets, were direct interventions in the unresolved issue of the political role of religion in Brandenburg-Prussia, a state in which a Calvinist dynasty ruled over a largely Lutheran population and nobility as well as a significant Catholic minority. In mandating limited religious toleration within the German states, the provisions of the Peace of Westphalia (1648) also provided the rulers of Brandenburg-Prussia with a way of keeping the powerful Lutheran church in check by guaranteeing a degree of religious freedom to non-Lutherans and thereby detaching the state from the most powerful territorial church. Thomasius's writings on church-state relations, many of them critical of the civil claims made by Lutheran theologians, are a direct response to this state of affairs. At the same time, owing to the depth of intellectual resources at his disposal, these works constitute a major contribution to the broader discussion of the relation between the religious and political spheres.




Religious Freedom and the Constitution


Book Description

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.