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Over the last few years, Orthodox Jewish private schools, also known as yeshivas, have been under fire by a group of activists known as Young Advocates for Fair Education, run by several yeshiva graduates, who have criticized them for providing an inadequate secular education. At the heart of the yeshiva controversy lies two important interests in education: the right of the parent to choose an appropriate education, which may include values-laden religious education, and the right of each child to receive an appropriate education, as guaranteed by the state. These interests raise further questions. If preference is given to the former, how much freedom should be given to a parent in choosing an appropriate education? If the latter, how does the state define what constitutes an appropriate education or measure the extent to which an appropriate education has been achieved? And when can—or must—the state override the wishes of parents? The purpose of this book is to explore these difficult questions.
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.
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.
This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.
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.
Christians are often thought of as defending only their own religious interests in the public square. They are viewed as worrying exclusively about the erosion of their freedom to assemble and to follow their convictions, while not seeming as concerned about publicly defending the rights of Muslims, Hindus, Jews, and atheists to do the same. Andrew T. Walker, an emerging Southern Baptist public theologian, argues for a robust Christian ethic of religious liberty that helps the church defend religious freedom for everyone in a pluralistic society. Whether explicitly religious or not, says Walker, every person is striving to make sense of his or her life. The Christian foundations of religious freedom provide a framework for how Christians can navigate deep religious difference in a secular age. As we practice religious liberty for our neighbors, we can find civility and commonality amid disagreement, further the church's engagement in the public square, and become the strongest defenders of religious liberty for all. Foreword by noted Princeton scholar Robert P. George.
Today, the ongoing battle between religion and public education is once again a burning issue in the United States. Prayer in the classroom, the teaching of creationism, the representation of sexuality in the classroom, and the teaching of morals are just a few of the subjects over which these institutions are skirmishing. James Fraser shows that though these battles have been going on for as long as there have been public schools, there has never been any consensus about the proper relationship between religion and public education. Looking at the most difficult question of how private issues of faith can be reconciled with the very public nature of schooling, Fraser paints a picture of our multicultural society that takes our relationship with God into account.
The second edition of Religious Liberty in a Pluralistic Society offers the same structure and thorough coverage of the law of religious liberty as the first edition, along with a new conceptual framework for approaching the religious liberty jurisprudence of the Supreme Court. The first four chapters offer a history of law and religion in the United States that extends from the framing of the Constitution to the early 1920s. Chapters Six through Thirteen examine the statute and case law governing religious liberty in a variety of settings and areas of law, including education, the workplace, tax, the courtroom, property, and the corporate boardroom. The few pronouncements of the United States Supreme Court in each of these areas serve as the anchors for thorough examination of the law of religious liberty in the state and lower federal courts. Ariens and Destro have reorganized Chapter Five, which examines the Supreme Court's efforts to craft a constitutional law of religious liberty since the 1940s. The new conceptual framework is based on the language and structure of the First Amendment, and is designed to help the reader understand and apply the rules the Court has developed in this important area of constitutional law. New in the notes to Chapter Five are references to comparative and international materials. The materials are updated through 2001, and a number of cases are more tightly edited than in the first edition. A revised teacher's manual with sample course outlines and problems will be available.
LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.
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