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In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA). Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.
At a time when the concept of religion-based politics has taken on new and sometimes ominous tones--even within the United States--it is not only right, but also urgently necessary that William Lee Miller revisit his profound exploration of the place of religious liberty and church and state in America. For this revised edition of The First Liberty, Miller has written a pointed new introduction, discussing how religious liberty has taken on deeper dimensions in a post-9/11 world. With new material on recent Supreme Court cases involving church-state relations and a new concluding chapter on America's religious and political landscape, this volume is an eloquent and thorough interpretation of how religious faith and political freedom have blended and fused to form part of our collective history-and most importantly, how each concept must respect the boundaries of the other. Though many claim the United States to be a "Christian Nation," Miller provides a fascinatingly vivid account of the philosophical skirmishes and political machinations that led to the "wall of separation" between church and state. That famous phrase is Jefferson's, though it does not appear in the Declaration of Independence nor in the Constitution. But Miller follows this seminal idea from three great standard-bearers of religious liberty: Jefferson, Madison, and Roger Williams. Jefferson, who wrote the Virginia Statute for Religious Freedom, the precursor of the First Amendment of the Constitution; James Madison, who was politically responsible for Virginia's acceptance of religious liberty and who, a few years later, helped draft the Bill of Rights; and the even earlier figure, the radical dissenter Roger Williams, who propounded the idea of religious freedom not as a rational secularist but out of a deeply held spiritual faith. Miller re-creates the fierce and vibrant debate among the founding fathers over the means of establishing public virtue in the absence of established religion--a debate that still reverberates in today's passionate arguments about civil rights, school prayer, abortion, Christmas crèches, conscientious objection during warfare--and demonstrates how the right to hold any religious belief has dynamically shaped American political life.
At a time when Americans are searching for spiritual and moral renewal, millions of parishioners are abandoning the churches that once embodied the very values they seek. "The Empty Church" offers the first cogent explanation of why his has occurred--and tells what can be done about it.
Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
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.
God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
Faith in the Fight tells a story of religion, soldiering, suffering, and death in the Great War. Recovering the thoughts and experiences of American troops, nurses, and aid workers through their letters, diaries, and memoirs, Jonathan Ebel describes how religion--primarily Christianity--encouraged these young men and women to fight and die, sustained them through war's chaos, and shaped their responses to the war's aftermath. The book reveals the surprising frequency with which Americans who fought viewed the war as a religious challenge that could lead to individual and national redemption. Believing in a "Christianity of the sword," these Americans responded to the war by reasserting their religious faith and proclaiming America God-chosen and righteous in its mission. And while the war sometimes challenged these beliefs, it did not fundamentally alter them. Revising the conventional view that the war was universally disillusioning, Faith in the Fight argues that the war in fact strengthened the religious beliefs of the Americans who fought, and that it helped spark a religiously charged revival of many prewar orthodoxies during a postwar period marked by race riots, labor wars, communist witch hunts, and gender struggles. For many Americans, Ebel argues, the postwar period was actually one of "reillusionment." Demonstrating the deep connections between Christianity and Americans' experience of the First World War, Faith in the Fight encourages us to examine the religious dimensions of America's wars, past and present, and to work toward a deeper understanding of religion and violence in American history.
LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.
A concise and readable guide to the first--and still most important--case that tackled the constitutionality of prayer in public schools. The decision evoked an enormous outcry from a wide spectrum of society concerned about protecting religious practice in America and curbing an activist Supreme Court that many perceived to be too liberal and out-of-control.