9781139152181 (ebook) 9781107023680 (hardback) 9781107692442 (paperback)
There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction. The sacred and the profane in American law / Austin Sarat A history of ambivalence : how religion and U.S. law have developed together / Amanda Porterfield Religion's accommodation to American law and culture / Timothy Hoff How should liberal democracies respond to faith-based groups that advocate discrimination? : State funding and nonprofit status / Corey Brettschneider Freedom of speech, equal citizenship, and the anticaste principle : a commentary on regulating hate speech / Bryan K. Fair Expanding the Bob Jones compromise / Caroline Mala Corbin Religious practice and sex discrimination : an uneasy case for tolerance / Meredith Render Religious freedom and the nondiscrimination norm / Richard W. Garnett Law, religion, and kissing your sister / Paul Horwitz Freedom of religion or freedom of the church? / Steven D. Smith Government for the time being / William Brewbaker III.