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Legal Responses to Religious Practices in the United States

Legal Responses to Religious Practices in the United States Accomodation and its Limits

Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 9781107023680
Published In: October 2012
Format: Hardback , 217 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the U.S. Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?

• Raises questions about what practices constitute a 'religious activity' such that it cannot be supported or funded by government

• Examines the history of accommodating laws when there is tension between respecting religious freedom and maintaining First Amendment requirements that government be neutral

Contributors	ix
Acknowledgments	xi
Introduction:The Sacred and Profane in American Law Austin Sarat	1
1 A History of Ambivalence: How Religion and U.S. Law Have Developed Together Amanda Porterfield	21
Religion's Accommodation to American Law and Culture Timothy Hoff	59
2 How Should Liberal Democracies Respond to Faith-Based Groups That Advocate Discrimination? State Funding and Nonprofit Status Corey Brettschneider	72
Freedom of Speech, Equal Citizenship, and the Anticaste Principle: A Commentary on Regulating Hate Speech Bryan K. Fair	115
3 Expanding the Bob Jones Compromise Caroline Mala Corbin	123
Religious Practice and Sex Discrimination: An Uneasy Case for Tolerance Meredith Render	168
4 Religious Freedom and the Nondiscrimination Norm Richard W. Garnett	194
Law, Religion, and Kissing Your Sister Paul Horwitz	228
5 Freedom of Religion or Freedom of the Church? Steven D. Smith	249
Government for the Time Being William S. Brewbaker III	287
Index	295