Download or read book Religious Freedom and Indian Rights written by Carolyn Nestor Long and published by Landmark Law Cases and American Society. This book was released on 2000 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
Download or read book Defend the Sacred written by Michael D. McNally and published by Princeton University Press. This book was released on 2020-04-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Download or read book We Have a Religion written by Tisa Joy Wenger and published by Univ of North Carolina Press. This book was released on 2009 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often act
Download or read book Religious Freedom in India written by Goldie Osuri and published by Routledge. This book was released on 2012-09-10 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the critical and theoretical concepts of sovereignty, biopolitics, and necropolitics, this book examines how a normative liberal and secular understanding of India’s religious identity is translatable by Hindu nationalists into discrimination and violence against minoritized religious communities. Extending these concepts to an analysis of historical, political and legal genealogies of conversion, the author demonstrates how a concern for sovereignty links past and present anti-conversion campaigns and laws. The book illustrates how sovereignty informs the making of secularism as well as religious difference. The focus on sovereignty sheds light on the manner in which religious difference becomes a point of reference for the religio-secular idioms of Bombay cinema, for legal judgements on communal violence, for human rights organizations, and those seeking justice for communal violence. This wide-ranging examination and discussion of the trajectories of (anti) conversion politics through historical, legal, philosophical, popular cultural, archival and ethnographic material offers a cogent argument for shifting the stakes and rethinking the relationship between sovereignty and religious freedom. The book is a timely contribution to broader theoretical and political discussions of (post) secularism and human rights, and is of interest to students and scholars of postcolonial studies, cultural studies, law, and religious studies.
Download or read book Religious Freedom written by Tisa Wenger and published by UNC Press Books. This book was released on 2017-08-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.
Download or read book What Has No Place Remains written by Nicholas Shrubsole and published by University of Toronto Press. This book was released on 2019-07-04 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The desire to erase the religions of Indigenous Peoples is an ideological fixture of the colonial project that marked the first century of Canada’s nationhood. While the ban on certain Indigenous religious practices was lifted after the Second World War, it was not until 1982 that Canada recognized Aboriginal rights, constitutionally protecting the diverse cultures of Indigenous Peoples. As former prime minister Stephen Harper stated in Canada’s apology for Indian residential schools, the desire to destroy Indigenous cultures, including religions, has no place in Canada today. And yet Indigenous religions continue to remain under threat. Framed through a postcolonial lens, What Has No Place, Remains analyses state actions, responses, and decisions on matters of Indigenous religious freedom. The book is particularly concerned with legal cases, such as Ktunaxa Nation v. British Columbia (2017), but also draws on political negotiations, such as those at Voisey’s Bay, and standoffs, such as the one at Gustafsen Lake, to generate a more comprehensive picture of the challenges for Indigenous religious freedom beyond Canada’s courts. With particular attention to cosmologically significant space, this book provides the first comprehensive assessment of the conceptual, cultural, political, social, and legal reasons why religious freedom for Indigenous Peoples is currently an impossibility in Canada.
Download or read book Christianity in India written by Rebecca Samuel Shah and published by Fortress Press. This book was released on 2018-11-08 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christianity has been present in India since at least the third century, but the faith remains a small minority. Even so, Christianity is growing rapidly in parts of the subcontinent, and has made an impact far beyond its numbers. Yet Indian Christianity remains highly controversial, and it has suffered growing discrimination and violence. This book shows how Christian converts and communities continue to make contributions to Indian society, even amid social pressure and violent persecution. In a time of controversy in India about the legitimacy of conversion and the value of religious diversity, Christianity in India addresses the complex issues of faith, identity, caste, and culture. It documents the outsized role of Christians in promoting human rights, providing education and healthcare, fighting injustice and exploitation, and stimulating economic uplift for the poor. Readers will come away surprised and sobered to learn how these active initiatives often invite persecution today. The essays draw on intimate and personal encounters with Christians in India, past and present, and address the challenges of religious freedom in contemporary India.
Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Download or read book A Seat at the Table written by Huston Smith and published by Univ of California Press. This book was released on 2007-03-05 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Seat At The Table is a valuable and insightful book about a too long overlooked topic - the right of Native American people to have their sacred sites and practices honored and protected. Let's hope it gets read far and wide, enough to bring about a real shift in policy and consciousness.”—Bonnie Raitt "Phil Cousineau has created a fine companion book to accompany the important film he and Gary Rhine have made in defense of the religious traditions of Native Americans. [Native Americans] are recognized the world over as keepers of a vital piece of the Creator's original orders, and yet they are regarded as little more than squatters at home. This book features impressive interviews, beautiful illustrations, and gives a voice to the voiceless.”—Peter Coyote
Download or read book The Limits of Tolerance written by C.S. Adcock and published by Oxford University Press, USA. This book was released on 2014 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical history of the distinctive tradition of Indian secularism known as Tolerance. Examining debates surrounding the activities of the Arya Samaj - a Hindu reform organization regarded as the exemplar of intolerance - it finds that Tolerance functioned to disengage Indian secularism from the politics of caste.
Download or read book The Peyote Road written by Thomas C. Maroukis and published by University of Oklahoma Press. This book was released on 2012-11-08 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite challenges by the federal government to restrict the use of peyote, the Native American Church, which uses the hallucinogenic cactus as a religious sacrament, has become the largest indigenous denomination among American Indians today. The Peyote Road examines the history of the NAC, including its legal struggles to defend the controversial use of peyote. Thomas C. Maroukis has conducted extensive interviews with NAC members and leaders to craft an authoritative account of the church’s history, diverse religious practices, and significant people. His book integrates a narrative history of the Peyote faith with analysis of its religious beliefs and practices—as well as its art and music—and an emphasis on the views of NAC members. Deftly blending oral histories and legal research, Maroukis traces the religion’s history from its Mesoamerican roots to the legal incorporation of the NAC; its expansion to the northern plains, Great Basin, and Southwest; and challenges to Peyotism by state and federal governments, including the Supreme Court decision in Oregon v. Smith. He also introduces readers to the inner workings of the NAC with descriptions of its organizational structure and the Cross Fire and Half Moon services. The Peyote Road updates Omer Stewart’s classic 1987 study of the Peyote religion by taking into consideration recent events and scholarship. In particular, Maroukis discusses not only the church’s current legal issues but also the diminishing Peyote supply and controversies surrounding the definition of membership. Today approximately 300,000 American Indians are members of the Native American Church. The Peyote Road marks a significant case study of First Amendment rights and deepens our understanding of the struggles of NAC members to practice their faith.
Download or read book Exporting Freedom written by Anna Su and published by Harvard University Press. This book was released on 2016-01-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom is widely recognized today as a basic human right, guaranteed by nearly all national constitutions. Exporting Freedom charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power. Anna Su traces America’s exportation of religious freedom in various laws and policies enacted over the course of the twentieth century, in diverse locations and under a variety of historical circumstances. Influenced by growing religious tolerance at home and inspired by a belief in the United States’ obligation to protect the persecuted beyond its borders, American officials drafted constitutions as part of military occupations—in the Philippines after the Spanish-American War, in Japan following World War II, and in Iraq after 2003. They also spearheaded efforts to reform the international legal order by pursuing Wilsonian principles in the League of Nations, drafting the United Nations Charter, and signing the Helsinki Accords during the Cold War. The fruits of these labors are evident in the religious freedom provisions in international legal instruments, regional human rights conventions, and national constitutions. In examining the evolution of religious freedom from an expression of the civilizing impulse to the democratization of states and, finally, through the promotion of human rights, Su offers a new understanding of the significance of religion in international relations.
Download or read book Religious Freedom in an Egalitarian Age written by Nelson Tebbe and published by Harvard University Press. This book was released on 2017-02-06 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer. Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.
Download or read book Uneven Ground written by David Eugene Wilkins and published by University of Oklahoma Press. This book was released on 2001 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.
Download or read book Politics of Religious Freedom written by Winnifred Fallers Sullivan and published by University of Chicago Press. This book was released on 2015-07-22 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.
Download or read book Religious Freedom and Mass Conversion in India written by Laura Dudley Jenkins and published by University of Pennsylvania Press. This book was released on 2019-05-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hinduism is the largest religion in India, encompassing roughly 80 percent of the population, while 14 percent of the population practices Islam and the remaining 6 percent adheres to other religions. The right to "freely profess, practice, and propagate religion" in India's constitution is one of the most comprehensive articulations of the right to religious freedom. Yet from the late colonial era to the present, mass conversions to minority religions have inflamed majority-minority relations in India and complicated the exercise of this right. In Religious Freedom and Mass Conversion in India, Laura Dudley Jenkins examines three mass conversion movements in India: among Christians in the 1930s, Dalit Buddhists in the 1950s, and Mizo Jews in the 2000s. Critics of these movements claimed mass converts were victims of overzealous proselytizers promising material benefits, but defenders insisted the converts were individuals choosing to convert for spiritual reasons. Jenkins traces the origins of these opposing arguments to the 1930s and 1940s, when emerging human rights frameworks and early social scientific studies of religion posited an ideal convert: an individual making a purely spiritual choice. However, she observes that India's mass conversions did not adhere to this model and therefore sparked scrutiny of mass converts' individual agency and spiritual sincerity. Jenkins demonstrates that the preoccupation with converts' agency and sincerity has resulted in significant challenges to religious freedom. One is the proliferation of legislation limiting induced conversions. Another is the restriction of affirmative action rights of low caste people who choose to practice Islam or Christianity. Last, incendiary rumors are intentionally spread of women being converted to Islam via seduction. Religious Freedom and Mass Conversion in India illuminates the ways in which these tactics immobilize potential converts, reinforce damaging assumptions about women, lower castes, and religious minorities, and continue to restrict religious freedom in India today.
Download or read book Law Religion and Health in the United States written by Holly Fernandez Lynch and published by Cambridge University Press. This book was released on 2017-07-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.
