The Distinctiveness of Religion in American Law
Rethinking Religion Clause Jurisprudence
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| Anteprima |
Kathleen A. Brady - Cambridge university press, 2015
In recent decades, religion's traditional
distinctiveness under the First Amendment has been challenged by courts
and scholars. As America grows more secular and as religious and
nonreligious convictions are increasingly seen as interchangeable, many
have questioned whether special treatment is still fair. In its recent
decisions, the Supreme Court has made clear that religion will continue
to be treated differently, but we lack a persuasive account of
religion's uniqueness that can justify this difference. This book aims
to develop such an account. Drawing on founding era thought illumined by
theology, philosophy of religion, and comparative religion, it
describes what is at stake in our tradition of religious freedom in a
way that can be appreciated by the religious and nonreligious alike.
From this account, it develops a new framework for religion clause
decision making and explains the implications of this framework for
current controversies regarding protections for religious conscience.
