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For over one hundred years, Thomas Jefferson and his Statute for Establishing Religious Freedom have stood at the center of our understanding of religious liberty and the First Amendment. Jefferson’s expansive vision—including his insistence that political freedom and free thought would be at risk if we did not keep government out of the church and church out of government—enjoyed a near consensus of support at the Supreme Court and among historians, until Justice William Rehnquist called reliance on Jefferson "demonstrably incorrect." Since then, Rehnquist’s call has been taken up by a bevy of jurists and academics anxious to encourage renewed government involvement with religion. In Religious Freedom: Jefferson’s Legacy, America’s Creed, the historian and lawyer John Ragosta offers a vigorous defense of Jefferson’s advocacy for a strict separation of church and state. Beginning with a close look at Jefferson’s own religious evolution, Ragosta shows that deep religious beliefs were at the heart of Jefferson’s views on religious freedom. Basing his analysis on that Jeffersonian vision, Ragosta redefines our understanding of how and why the First Amendment was adopted. He shows how the amendment’s focus on maintaining the authority of states to regulate religious freedom demonstrates that a very strict restriction on federal action was intended. Ultimately revealing that the great sage demanded a firm separation of church and state but never sought a wholly secular public square, Ragosta provides a new perspective on Jefferson, the First Amendment, and religious liberty within the United States.
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
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 widely recognized today as a basic human right, guaranteed by nearly all national constitutions. Exporting Freedom charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power. Anna Su traces America’s exportation of religious freedom in various laws and policies enacted over the course of the twentieth century, in diverse locations and under a variety of historical circumstances. Influenced by growing religious tolerance at home and inspired by a belief in the United States’ obligation to protect the persecuted beyond its borders, American officials drafted constitutions as part of military occupations—in the Philippines after the Spanish-American War, in Japan following World War II, and in Iraq after 2003. They also spearheaded efforts to reform the international legal order by pursuing Wilsonian principles in the League of Nations, drafting the United Nations Charter, and signing the Helsinki Accords during the Cold War. The fruits of these labors are evident in the religious freedom provisions in international legal instruments, regional human rights conventions, and national constitutions. In examining the evolution of religious freedom from an expression of the civilizing impulse to the democratization of states and, finally, through the promotion of human rights, Su offers a new understanding of the significance of religion in international relations.
A theory of religious freedom for the modern era that uses natural law from ancient Greek, Jewish, Christian and Islamic sources.
Warren Nord's thoughtful book tackles an issue of great importance in contemporary America: the role of religion in our public schools and universities. According to Nord, public opinion has been excessively polarized by those religious conservatives who would restore religious purposes and practices to public education and by those secular liberals for whom religion is irrelevant to everything in the curriculum. While he maintains that public schools and universities must not promote religion, he also argues that there are powerful philosophical, political, moral, and constitutional reasons for requiring students to study religion. Indeed, only if religion is included in the curriculum will students receive a truly liberal education, one that takes seriously a variety of ways of understanding the human experience. Intended for a broad audience, Nord's comprehensive study encompasses American history, constitutional law, educational theory and practice, theology, philosophy, and ethics. It also discusses a number of current, controversial issues, including multiculturalism, moral education, creationism, academic freedom, and the voucher and school choice movements.
Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer. Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.
The 1960 publication of We Hold These Truths marked a significant event in the history of modern American thought. Since that time, Sheed & Ward has kept the book in print and has published several studies of John Courtney Murray's life and work. We are proud to present a new edition of this classic text, which features a comprehensive introduction by Peter Lawler that places Murray in the context of Catholic and American history and thought while revealing his relevance today. From the new Introduction by Peter Lawler: The Jesuit John Courtney Murray (1904-67) was, in his time, probably the best known and most widely respected American Catholic writer on the relationship between Catholic philosophy and theology and his country's political life. The highpoint of his influence was the publication of We Hold These Truths in the same year as an election of our country's first Catholic president. Those two events were celebrated by a Time cover story (December 12, 1960) on Murray's work and influence. The story's author, Protestant Douglas Auchincloss, reported that it was "The most relentlessly intellectual cover story I've done." His amazingly wide ranging and dense-if not altogether accurate-account of Murray's thought was crowned with a smart and pointed conclusion: "If anyone can help U.S. Catholics and their non-Catholic countrymen toward the disagreement that precedes understanding-John Courtney Murray can." . . . Murray's work, of course, is treated with great respect and has had considerable influence, but now it's time to begin to think of him as one of America's very few genuine political philosophers. His disarmingly lucid and accessible prose has caused his book to be widely cited and celebrated, but it still is not well understood. It is both praised and blamed for reconciling Catholic faith with the fundamental premises of American political life. It is praised by liberals for paving the way for Vatican II's embrace of the American idea of religious liberty, and it is
This book provides the answers to controversial questions about religious liberties in the United States and connected issues through balanced, thorough, and nonjudgmental coverage of the issues in a reference format. The subject of religious freedom is important to all American citizens, regardless of religious affiliation or ethnicity. Are the rights of religious individuals being eroded, or is religion being unfairly used to deny basic secular rights to individuals? How will religious institutions adapt to changes in legislation that have an impact on how they operate? Does the Supreme Court have the right to enforce these changes? Finally, how can the precarious separation of church and state be maintained while simultaneously respecting both institutions? This single-volume work provides an introduction that addresses the historical background of religious freedom in America, accurately explains the latest legal developments in religious freedom in the United States, and presents an unbiased account of the probable impact of the new Freedom of Religion laws in the continuing culture war. Readers will gain insight into key controversies such as prayer in public schools, creationism versus evolution, abortion, religious objections to medical care, religious displays in public places, same-sex marriage and LGBT rights, and state and federal religious freedom acts. The book also includes perspective essays by outside contributors, a selection of useful primary documents, a listing of print and nonprint resources, a chronology, and a glossary of terms.
A New York Times Notable Book This remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. The Lustre of Our Country demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world. Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law. Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law—he discusses abolition, temperance, and civil rights—and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. The Lustre of Our Country is a celebration of religious freedom—a personal and profound statement on what the author considers America's greatest moral contribution to the world.