MARC Record from Ithaca College Library

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043 $an-us---
050 00 $aKF4783$b.G74 2006
049 $aXIMM
100 1 $aGreenawalt, Kent,$d1936-
245 10 $aReligion and the Constitution /$cKent Greenawalt.
260 $aPrinceton, N.J. :$bPrinceton University Press,$cc2006-
300 $av. <1-> ;$c25 cm.
504 $aIncludes bibliographical references and index.
505 10 $gv. 1.$tFree exercise and fairness.$tHistory and doctrine ;$tFreedom from compelled profession of belief, adverse targeting, and discrimination ;$tConscientious objection to military service ;$tReligious exemptions and drug use ;$tFree exercise objections to educational requirements ;$tSincerity ;$tSaying what counts as religious ;$tControlled environments : military and prison life ;$tIndirect impingements : unemployment compensation ;$tSunday closing laws and Sabbatarian business owners ;$tGovernment development of sacred property ;$tDifficult determinations : burden and government interest ;$tLand development and regulation ;$tConfidential communications with clergy ;$tSettling disputes over church property ;$tWrongs and rights of religious association : the limits of tort liability for religious groups and their leaders ;$tEmployment relations : ordinary discrimination and accommodation ;$tEmployment relations : harassment ;$tRights of religious associations : selectivity ;$tMedical procedures ;$tChild custody --
505 0 $av. 2. Establishment and fairness. Introduction ; History ; The development of doctrine and its significance ; Government aid to religion and promulgating religious doctrine ; Religious words and symbols in public places ; Mild endorsements and promotions ; Public schools: devotions ; Public schools: teaching about religion ; Public schools: teaching whose content rests on religious views ; Establishment clause tests and standards ; Equal facilities and freedom of speech ; Chaplains in the military and in prison ; Religious groups exercising government power ; Religious law and civil law: using secular law to assure observance of practices with religious significance ; Tax exemptions and deductions ; Religion and the exemption strategy ; Limits of accommodation ; Financial support to religious institutions ; Aid to religious schools ; Religion clause skepticism ; Alternative approaches ; Justifications for the religion clauses ; Religiously based judgments and religious discourse in public life ; Legal Enforcement of religion-based morality ; Conclusion.
520 $aBalancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.
520 $aCalling throughout for religion to be taken more seriously as a force for meaning in peopleʾs lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. Includes information on abortion, atheism, atheists, Bear v. Reformed Mennonite Church, Harry Blackmun, William Brennan, Catholicism, Catholics, child custody, Christianity, Christians, conscientious objection to military service, discrimination, Employment Division v. Smith, Establishment Clause, religious exemptions, Fourteenth Amendment, Free Exercise Clause, Free Speech Clause, harassment by employers, Hinduism, Hindus, Islam, Muslims, Jehovahʾs Witnesses, Judaism, Jews, Lyng v. Northwestern Indian Cemetery Protective Association, Native American Church, Sandra Day OʾConnor, Protestantism, Protestants, religion, religious beliefs, Sherbert v. Verner, Sunday closing laws, Wisconsin v. Yoder, zoning, Zummo v. Zummo, etc.
650 0 $aFreedom of religion$zUnited States.
650 0 $aChurch and state$zUnited States.
994 $aC0$bXIM