Balancing 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.
Calling throughout for religion to be taken more seriously as a force for meaning in people's 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.
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Preface ix
CHAPTER 1: Introduction 1
CHAPTER 2: History and Doctrine 11
CHAPTER 3: Freedom from Compelled Profession of Belief, Adverse Targeting, and Discrimination 35
CHAPTER 4: Conscientious Objection to Military Service 49
CHAPTER 5: Religious Exemptions and Drug Use 68
CHAPTER 6: Free Exercise Objections to Educational Requirements 86
CHAPTER 7: Sincerity 109
CHAPTER 8: Saying What Counts as Religious 124
CHAPTER 9: Controlled Environments: Military and Prison Life 157
CHAPTER 10: Indirect Impingements: Unemployment Compensation 172
CHAPTER 11: Sunday Closing Laws and Sabbatarian
Business Owners 184
CHAPTER 12: Government Development of Sacred Property 192
CHAPTER 13: Difficult Determinations: Burden and
Government Interest 201
CHAPTER 14: Land Development and Regulation 233
CHAPTER 15: Confidential Communications with Clergy 246
CHAPTER 16: Settling Disputes over Church Property 261
CHAPTER 17: Wrongs and Rights of Religious Association: The
Limits of Tort Liability for Religious Groups and
Their Leaders 290
CHAPTER 18: Employment Relations: Ordinary Discrimination
and Accommodation 326
CHAPTER 19: Employment Relations: Harassment 359
CHAPTER 20: Rights of Religious Associations: Selectivity 377
CHAPTER 21: Medical Procedures 396
CHAPTER 22: Child Custody 421
CHAPTER 23: Conclusion (and Introduction) 439
Index 445
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