The Distinctiveness of Religion in American Law

Rethinking Religion Clause Jurisprudence

Nonfiction, Reference & Language, Law, Jurisprudence, Social & Cultural Studies, Political Science
Cover of the book The Distinctiveness of Religion in American Law by Kathleen A. Brady, Cambridge University Press
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Author: Kathleen A. Brady ISBN: 9781316348833
Publisher: Cambridge University Press Publication: July 23, 2015
Imprint: Cambridge University Press Language: English
Author: Kathleen A. Brady
ISBN: 9781316348833
Publisher: Cambridge University Press
Publication: July 23, 2015
Imprint: Cambridge University Press
Language: English

In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.

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In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.

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