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Regulating Religion: The Courts and the Free Exercise Clause

Catharine Cookson

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.001.0001
Subject:
Religion, Religion and Society

Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of ... More


Farewell to Christendom: The Future of Church and State in America

Thomas J. Curry

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195145694
eISBN:
9780199834129
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195145690.001.0001
Subject:
Religion, History of Christianity

Protestantism abandoned Christendom by way of the First Amendment of the Bill of Rights, and Catholicism did the same in the Declaration of Religious Liberty of the Second Vatican Council. Because ... More


The Legal Boundary Between the Garden and the Wilderness: Legislation or the Free Exercise Clause?

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0002
Subject:
Religion, Religion and Society

Examines the various legal standards, rules, or tests that have been used by the U.S. Supreme Court to resolve free exercise cases, and places these tests within the full factual and legal contexts ... More


The Religion Clauses: Reconciling Accommodation and Separation

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.006
Subject:
Law, Constitutional and Administrative Law

In addition to the speech, press, assembly, and petition clauses, the First Amendment to the U.S. Constitution contains two provisions dealing with the subject of religion: the Establishment Clause ... More


What Did They Fight, and Bargain, For?

John A. Ragosta

in Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.003.0007
Subject:
History, American History: early to 18th Century

Given dissenters' central role in Virginia's adoption of religious liberty, their understanding of the meaning of religious freedom takes on particular importance. Virginia's evangelical dissenters, ... More


Law and Dis‐orderly Religion: Typologies of the Relationship between Conscience and the State

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0004
Subject:
Religion, Religion and Society

Thoughtful proponents of religious freedom throughout the centuries have never advocated an unlimited and unfettered right. This chapter makes a searching analysis of the Western tradition ... More


The Process of Casuistry

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0003
Subject:
Religion, Religion and Society

Examines and describes in detail the casuistical method of conflict resolution, noting the importance of principles, paradigms, presumptions, analogies, and “the particulars.” Casuistry is neither a ... More


The Formation of the First Amendment

Thomas J. Curry

in Farewell to Christendom: The Future of Church and State in America

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195145694
eISBN:
9780199834129
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195145690.003.0003
Subject:
Religion, History of Christianity

Religious liberty depends on keeping the government out of religious matters, whereas religious toleration is a gift of government. Virginia's Bill for Religious Liberty and Massachusetts’ ... More


Governmental Intervention in and Punishment for the Use of Spiritual Healing Methods

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0008
Subject:
Religion, Religion and Society

The use of spiritual healing methods by parents to heal their children presents a hard free exercise case, and this chapter examines several of these key cases from the nineteenth and twentieth ... More


Religious Figures and Institutions As Litigants

Brian H. Bornstein and Monica K. Miller

in God in the Courtroom: Religion's Role at Trial

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195328677
eISBN:
9780199869954
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328677.003.009
Subject:
Psychology, Forensic Psychology

Litigants' religion is central to some cases, such as those making a free exercise claim; a substantial factor in others, such as clergy charged with sexual abuse, defendants who introduce their ... More


Societal Boundaries, Paranoia and Ill Humor, and the Role of the Courts Under the Free Exercise Clause

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0006
Subject:
Religion, Religion and Society

Unusual societal flux and social stress causes fear, and a fearful, paranoid society is tempted greatly to take extreme measures to protect itself. Pressured politicians may be unable or unwilling to ... More


Judges’ Religion

Brian H. Bornstein and Monica K. Miller

in God in the Courtroom: Religion's Role at Trial

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195328677
eISBN:
9780199869954
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328677.003.006
Subject:
Psychology, Forensic Psychology

This chapter reviews social scientific research on the relationship between judges' religion and their decisions. It begins with a historical perspective on the role of religion in judicial selection ... More


The First Amendment: Freedom of Religion

Ronald J. Colombo

in The First Amendment and the Business Corporation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199335671
eISBN:
9780199361915
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199335671.003.0008
Subject:
Law, Constitutional and Administrative Law, Company and Commercial Law

The First Amendment's guarantee of religious liberty was intentionally framed as “free exercise.” This phrase was specifically chosen over competing phrases (such as “toleration”) to underscore the ... More


Under God?

Roger Trigg

in Religion in Public Life: Must Faith Be Privatized?

Published in print:
2008
Published Online:
October 2011
ISBN:
9780199543670
eISBN:
9780191701313
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543670.003.0012
Subject:
Religion, Philosophy of Religion, Religion and Society

This chapter is divided into the following sections: the establishment clause, state support of religion, the pledge of allegiance, free exercise, and displaying the Ten Commandments. The first ... More


Epilogue

John A. Ragosta

in Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.003.0008
Subject:
History, American History: early to 18th Century

Virginia's history of religious persecution and religious freedom played a central role in adoption of the First Amendment to the Constitution and the subsequent evolution of American religious ... More


Religion in the Public-Sector Workplace

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0011
Subject:
Business and Management, HRM / IR

This chapter examines how the courts have applied the establishment and free exercise clauses of the First Amendment in resolving conflicts arising in public sector workplaces. Federal, state, and ... More


Indians and the First Amendment: The Illusion of Religious Freedom?

Frank Pommersheim

in Broken Landscape: Indians, Indian Tribes, and the Constitution

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the struggles of the US Congress in locating Indian religious practices within and without protection of the Free Exercise Clause of the First Amendment of the Constitution. It ... More


Five Questions About Religion Judges Are Afraid to Ask*

Kent Greenawalt

in From the Bottom Up: Selected Essays

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199756162
eISBN:
9780190608897
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756162.003.0021
Subject:
Political Science, Political Theory

“Five Questions About Religion Judges Are Afraid to Ask” explores various matters that judges often avoid, partly because their involvement would constitute an inappropriate connection between state ... More


Proselytizing in the Public-Sector Workplace

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0012
Subject:
Business and Management, HRM / IR

This chapter examines how the courts have addressed proselytizing in public sector workplaces. Employer intervention in the attempts by one or more employees to convert coworkers or proselytize ... More


Our Modest Unity: Rights, Inclusion, and Dissent

John D. Inazu

in Confident Pluralism: Surviving and Thriving through Deep Difference

Published in print:
2016
Published Online:
January 2017
ISBN:
9780226365459
eISBN:
9780226365596
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226365596.003.0002
Subject:
Law, Constitutional and Administrative Law

Chapter 1 begins with the modest unity that allows us to coexist in political community rather than in anarchy. One reason that Confident Pluralism is possible is that we retain some minimal ... More


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