Download or read book Religious Freedom Under Scrutiny written by Heiner Bielefeldt and published by University of Pennsylvania Press. This book was released on 2019-12-20 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of religion or belief is deeply entrenched in international human rights conventions and constitutional traditions around the world. Article 18 of the Universal Declaration of Human Rights enshrines the right to freedom of thought, conscience, and religion as does the International Covenant on Civil and Political Rights, which the United Nations General Assembly adopted in 1966. A rich jurisprudence on freedom of religion or belief is based on the European Convention on Human Rights, drafted in 1950 by the Council of Europe. Similar regional guarantees exist in the framework of the Organization of American States as well as within the African Union. Freedom of religion or belief has found recognition in numerous national constitutions, and some governments have shown a particularly strong commitment to the international promotion of this right. As Heiner Bielefeldt and Michael Wiener observe, however, freedom of religion or belief remains a source of political conflict, legal controversy, and intellectual debate. In Religious Freedom Under Scrutiny, Bielefeldt and Wiener explore various critiques leveled at this right. For example, does freedom of religion contribute to the spread of Western neoliberal values to the detriment of religious and cultural diversity? Can religious freedom serve as the entry point for antifeminist agendas within the human rights framework? Drawing on their considerable experience in the field, Bielefeldt and Wiener provide a typological overview and analysis of violations around the world that illustrate the underlying principles as well as the relationship between freedom of religion or belief and other human rights. Religious Freedom Under Scrutiny argues that without freedom of religion or belief, human rights cannot fully address our complex needs, yearnings, and vulnerabilities as human beings. Furthermore, ignoring or marginalizing freedom of religion or belief would weaken the plausibility, attractiveness, and legitimacy of the entire system of human rights.
Download or read book Debating Religious Liberty and Discrimination written by John Corvino and published by Oxford University Press. This book was released on 2017 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts (RFRAs), anti-discrimination law, and age-old questions about identity, morality, and society.
Download or read book Religious Expression and the American Constitution written by Franklyn S. Haiman and published by MSU Press. This book was released on 2003-10-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Amendment rights have been among the most fiercely debated topics in the aftermath of 9/11. In the current environment and fervor for “homeland security,” personal freedoms in exchange for security are coming under more scrutiny. Among these guaranteed freedoms are the protection of religious expression given by the U.S. Constitution and the constitutional prohibitions against behaviors that violate the separation of church and state. The mandate that the government “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” is a general principle that has guided American courts in interpreting the original intent of the First Amendment. In Religious Expression and the American Constitution, Haiman focuses on the current state of American law with respect to a broad range of controversial issues affecting religious expression, both verbal and nonverbal, along with a review of the recent history of each issue to provide a full understanding.
Download or read book The New Religious Intolerance written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 2012-04-24 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: What impulse prompted some newspapers to attribute the murder of 77 Norwegians to Islamic extremists, until it became evident that a right-wing Norwegian terrorist was the perpetrator? Why did Switzerland, a country of four minarets, vote to ban those structures? How did a proposed Muslim cultural center in lower Manhattan ignite a fevered political debate across the United States? In The New Religious Intolerance, Martha C. Nussbaum surveys such developments and identifies the fear behind these reactions. Drawing inspiration from philosophy, history, and literature, she suggests a route past this limiting response and toward a more equitable, imaginative, and free society. Fear, Nussbaum writes, is "more narcissistic than other emotions." Legitimate anxieties become distorted and displaced, driving laws and policies biased against those different from us. Overcoming intolerance requires consistent application of universal principles of respect for conscience. Just as important, it requires greater understanding. Nussbaum challenges us to embrace freedom of religious observance for all, extending to others what we demand for ourselves. She encourages us to expand our capacity for empathetic imagination by cultivating our curiosity, seeking friendship across religious lines, and establishing a consistent ethic of decency and civility. With this greater understanding and respect, Nussbaum argues, we can rise above the politics of fear and toward a more open and inclusive future.
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 2007 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 Religious Liberty in Crisis written by Ken Starr and published by Encounter Books. This book was released on 2021-04-13 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What was unfathomable in the first two decades of the twenty-first century has become a reality. Religious liberty, both in the United States and across the world, is in crisis. As we navigate the coming decades, We the People must know our rights more than ever, particularly as it relates to the freedom to exercise our religion. Armed with a proper understanding of this country’s rich tradition of religious liberty, we can protect faith through any crisis that comes our way. Without that understanding, though, we’ll watch as the creeping secular age erodes our freedom. In this book, Ken Starr explores the crises that threaten religious liberty in America. He also examines the ways well-meaning government action sometimes undermines the religious liberty of the people, and how the Supreme Court in the past has ultimately provided us protection from such forms of government overreach. He also explores the possibilities of future overreach by government officials. The reader will learn how each of us can resist the quarantining of our faith within the confines of the law, and why that resistance is important. Through gaining a deep understanding of the Constitutional importance of religious expression, Starr invites the reader to be a part of protecting those rights of religious freedom and taking a more active role in advancing the cause of liberty.
Download or read book The Religious Freedom Restoration Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1993 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Changing Terrain of Religious Freedom written by Heather J. Sharkey and published by University of Pennsylvania Press. This book was released on 2021-09-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers theoretical, historical, and legal perspectives on religious freedom, as an experience, value, and right. Drawing on examples from around the world, its essays show how the terrain of religious freedom has never been smooth and how in recent years the landscape of religious freedom has shifted.
Download or read book Religious Freedom written by Gerhard Besier and published by LIT Verlag Münster. This book was released on 2019-05 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restrictions with respect to religious freedom have been in place in authoritarian states for a number of years. We can observe a new period of co-operation between authoritarian states and "state" churches. Some churches have assumed a clearly political position, even in belligerent conflicts, by justifying wars, criminalizing their religious competitors and, thereby, exploiting the Christian Gospel for non-Christian purposes. In this volume, scholars from Europe and North America discuss the core objective of religious freedom in the West and East seeking measures to encourage religions to act and interact, independent of deliberate political stances - to maintain their distance from territorial governments and to strengthen the principle of religious freedom and, thereby, their own denomination as well.
Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press, USA. This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--
Download or read book The Impossibility of Religious Freedom written by Winnifred Fallers Sullivan and published by Princeton University Press. This book was released on 2018-04-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
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 The Tragedy of Religious Freedom written by Marc O. DeGirolami and published by Harvard University Press. This book was released on 2013-06-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Download or read book Religious Freedom written by Ryan Snow and published by Covenant Books, Inc.. This book was released on 2019-10-29 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who would have thought that late conservative Supreme Court Justice Antonin Scalia would write a judicial opinion severely debilitating the free exercise of religion and democrats like Chuck Schumer and Ted Kennedy would come to the rescue? This is all true-it happened in the early 1990s-resulting in the federal Religious Freedom Restoration Act. The federal RFRA enjoyed wide bipartisan support in the early 1990s. Yet more recently, various states have tried to enact their own versions of RFRA but have been met with enormous opposition. What happened to change people's minds about religious freedom? Are religious freedom laws really "license to discriminate"? This book seeks to add context to the contemporary debates regarding religious freedom, specifically RFRA, and related laws. Religious freedom laws may not be as bad as some want you to think.
Download or read book Religious Freedom written by Melvin I. Urofsky and published by Bloomsbury Publishing USA. This book was released on 2002-04-03 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides in a single source a thorough grounding in the origin, development, and current controversies surrounding the free practice of religion. The first boatloads of European settlers did not come to America advocating religious tolerance. They came seeking the freedom to practice their own religion. Other sects, they believed, were wrong at best and, at worst, not to be tolerated. The question of what constitutes "legitimate," constitutionally protected religious practice has been debated ever since. Does it include the use of peyote? Polygamy? Refusing medical care for a sick child? Freedom of Religion follows the evolving understanding of the concept of religious freedom from Great Britain to the New World, through hundreds of U.S. courtrooms, to the volatile modern-day issues of school prayer and faith-based initiatives. The thorough, responsible, and cool-headed analysis presented here offers readers a solid grounding in the constitutional issues behind the headlines.
Download or read book Religious Liberty written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2000 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcing Religious Freedom in Prison written by United States Commission on Civil Rights and published by . This book was released on 2008 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.
