In this Book

How Free Can Religion Be?
summary
In tracking the evolution of the First Amendment's Free Exercise and Establishment Clause doctrine through Key Supreme Court decisions on religious freedom, legal scholar Randall P. Bezanson focuses on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion. Beginning with samples from the latter half of the nineteenth century, the detailed case studies present new problems and revisit old ones as well: the purported belief of polygamy in the Mormon Church; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.

Table of Contents

  1. Cover
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  1. Title Page
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  1. Copyright Page
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  1. Contents
  2. p. v
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  1. Preface
  2. pp. vii-viii
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  1. Introduction
  2. pp. 1-6
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  1. Stage I. The Old Time Religion: Separation of Church and State
  2. pp. 7-8
  1. 1. God's Law or Caesar's? The Free Exercise of Religion
  2. pp. 9-26
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  1. 2. The Wall of Separation: "No law respecting an establishment of religion . . ."
  2. pp. 27-48
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  1. Stage II: The Time of Testing
  2. p. 49
  1. 3. The Amish Conundrum: The Conflict between Free Exercise and Non-establishment
  2. pp. 51-79
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  1. 4. Darwin versus Genesis
  2. pp. 80-102
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  1. 5. School Prayer
  2. pp. 103-148
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  1. Stage III. The New Awakening
  2. pp. 149-150
  1. 6. Peyote: God versus Caesar, Revisited
  2. pp. 151-186
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  1. 7. Non-establishment as Nondiscrimination
  2. pp. 187-233
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  1. 8. Equality as a Sword: The Ghost of Everson
  2. pp. 234-272
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  1. Religion in America
  2. pp. 273-280
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  1. Suggested Reading
  2. pp. 281-284
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  1. Index
  2. pp. 284-287
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