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What was unfathomable in the first two decades of the twenty-first century has become a reality. Religious liberty, both in the United States and across the world, is in crisis. As we navigate the coming decades, We the People must know our rights more than ever, particularly as it relates to the freedom to exercise our religion. Armed with a proper understanding of this country’s rich tradition of religious liberty, we can protect faith through any crisis that comes our way. Without that understanding, though, we’ll watch as the creeping secular age erodes our freedom. In this book, Ken Starr explores the crises that threaten religious liberty in America. He also examines the ways well-meaning government action sometimes undermines the religious liberty of the people, and how the Supreme Court in the past has ultimately provided us protection from such forms of government overreach. He also explores the possibilities of future overreach by government officials. The reader will learn how each of us can resist the quarantining of our faith within the confines of the law, and why that resistance is important. Through gaining a deep understanding of the Constitutional importance of religious expression, Starr invites the reader to be a part of protecting those rights of religious freedom and taking a more active role in advancing the cause of liberty.
An expanded version of a series of debates between the authors, this book examines the nature of corporate rights, especially with respect to religious liberty, in the context of the controversial Hobby Lobby case from the Supreme Court's 2013-14 term.
To understand the most contentious issues around religious liberty, this volume provides influential philosophical ideas from the U.S.’s founding to the present day and key U.S. Supreme Court judgements to ask how the two twin pillars of religious freedom — free exercise and the limit on religious establishment — unfold in daily life. A Penguin Classic With the Penguin Liberty series by Penguin Classics, we look to the U.S. Constitution’s text and values, as well as to American history and some of the country’s most important thinkers, to discover the best explanations of our constitutional ideals of liberty. Through these curated anthologies of historical, political, and legal classic texts, Penguin Liberty offers everyday citizens the chance to hear the strongest defenses of these ideals, engage in constitutional interpretation, and gain new (or renewed) appreciation for the values that have long inspired the nation. Questions of liberty affect both our daily lives and our country’s values, from what we can say to whom we can marry, how society views us to how we determine our leaders. It is Americans’ great privilege that we live under a Constitution that both protects our liberty and allows us to debate what that liberty should mean.
This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts (RFRAs), anti-discrimination law, and age-old questions about identity, morality, and society.
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
A leading religious freedom attorney, the veteran of several Supreme Court battles, helps people of faith understand religious liberty in our rapidly changing culture—why it matters, how it is threatened, and how to respond with confidence and grace. WINNER OF THE CHRISTIAN BOOK AWARD® • THE GOSPEL COALITION'S BEST BOOK OF THE YEAR, PUBLIC THEOLOGY & CURRENT EVENTS • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY WORLD MAGAZINE Many Americans feel like their religious freedom is under attack. They see the culture changing around them, and they fear that their beliefs will soon be punished as a form of bigotry. Others think these fears are overblown and say Christians should stop complaining about imaginary persecution. In Free to Believe leading religious freedom attorney Luke Goodrich challenges both sides of this debate, offering a fresh perspective on the most controversial religious freedom conflicts today. With penetrating insights on gay rights, abortion rights, Islam, and the public square, Goodrich argues that threats to religious freedom are real—but they might not be quite what you think. As a lawyer at the Becket Fund for Religious Liberty, Goodrich has won several historic Supreme Court victories for clients such as the Little Sisters of the Poor and Hobby Lobby. Combining frontline experience with faithful attention to Scripture, Goodrich shows why religious freedom matters, how it is threatened, and how to protect it. The result is a groundbreaking book full of clear insight, practical wisdom, and refreshing hope for all people of faith.
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Religious freedom is a founding tenet of the United States, and it has frequently been used to justify policies towards other nations. Such was the case in 1945 when Americans occupied Japan following World War II. Though the Japanese constitution had guaranteed freedom of religion since 1889, the United States declared that protection faulty, and when the occupation ended in 1952, they claimed to have successfully replaced it with “real” religious freedom. Through a fresh analysis of pre-war Japanese law, Jolyon Baraka Thomas demonstrates that the occupiers’ triumphant narrative obscured salient Japanese political debates about religious freedom. Indeed, Thomas reveals that American occupiers also vehemently disagreed about the topic. By reconstructing these vibrant debates, Faking Liberties unsettles any notion of American authorship and imposition of religious freedom. Instead, Thomas shows that, during the Occupation, a dialogue about freedom of religion ensued that constructed a new global set of political norms that continue to form policies today.
From one of the leading historians of Christianity comes this sweeping reassessment of religious freedom, from the church fathers to John Locke In the ancient world Christian apologists wrote in defense of their right to practice their faith in the cities of the Roman Empire. They argued that religious faith is an inward disposition of the mind and heart and cannot be coerced by external force, laying a foundation on which later generations would build. Chronicling the history of the struggle for religious freedom from the early Christian movement through the seventeenth century, Robert Louis Wilken shows that the origins of religious freedom and liberty of conscience are religious, not political, in origin. They took form before the Enlightenment through the labors of men and women of faith who believed there could be no justice in society without liberty in the things of God. This provocative book, drawing on writings from the early Church as well as the sixteenth and seventeenth centuries, reminds us of how "the meditations of the past were fitted to affairs of a later day."
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.