In this Book

summary

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity.

In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.

Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Table of Contents

  1. Cover
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  1. Title Page, Copyright
  2. pp. i-vi
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  1. Table of Contents
  2. pp. vii-viii
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  1. Preface
  2. pp. ix-xiv
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  1. Chapter 1: Introduction
  2. pp. 16-25
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  1. Chapter 2: History and Doctrine
  2. pp. 26-49
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  1. Chapter 3: Freedom from Compelled Profession of Belief, Adverse Targeting, and Discrimination
  2. pp. 50-63
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  1. Chapter 4: Conscientious Objection to Military Service
  2. pp. 64-82
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  1. Chapter 5: Religious Exemptions and Drug Use
  2. pp. 83-100
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  1. Chapter 6: Free Exercise Objections to Educationa Requirements
  2. pp. 101-123
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  1. Chapter 7: Sincerity
  2. pp. 124-138
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  1. Chapter 8: Saying What Counts as Religious
  2. pp. 139-171
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  1. Chapter 9: Controlled Environments: Military and Prison Life
  2. pp. 172-186
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  1. Chapter 10: Indirect Impingements: Unemployment Compensation
  2. pp. 187-198
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  1. Chapter 11: Sunday Closing Laws and Sabbatarian Business Owners
  2. pp. 199-206
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  1. Chapter 12: Government Development of Sacred Property
  2. pp. 207-215
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  1. Chapter 13: Difficult Determinations: Burden and Government Interest
  2. pp. 216-247
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  1. Chapter 14: Land Development and Regulation
  2. pp. 248-260
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  1. Chapter 15: Confidential Communications with Clergy
  2. pp. 261-275
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  1. Chapter 16: Settling Disputes over Church Property
  2. pp. 276-304
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  1. Chapter 17: Wrongs and Rights of Religious Association: The Limits of Tort Liability for Religious Groups and Their Leaders
  2. pp. 305-340
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  1. Chapter 18: Employment Relations: Ordinary Discrimination and Accommodation
  2. pp. 341-373
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  1. Chapter 19: Employment Relations: Harassment
  2. pp. 374-391
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  1. Chapter 20: Rights of Religious Associations: Selectivity
  2. pp. 392-410
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  1. Chapter 21: Medical Procedures
  2. pp. 411-435
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  1. Chapter 22: Child Custody
  2. pp. 436-453
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  1. Chapter 23: Conclusion (and Introduction)
  2. pp. 454-459
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  1. Index
  2. pp. 460-470
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Additional Information

ISBN
9781400827527
Related ISBN
9780691141138
MARC Record
OCLC
899264922
Pages
480
Launched on MUSE
2015-01-01
Language
English
Open Access
No
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