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Religious Freedom and the Constitution
By
Christopher L. Eisgruber, Lawrence G. Sager
Description
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.
Contents
Introduction
1. Separation and Its Cousins
2. Equal Liberty
3. The Exemptions Puzzle
4. Ten Commandments, Three
Plastic Reindeer, and One Nation .o.o. Indivisible
5. God in the Classroom
6. Public Dollars, Religious
Programs
7. Legislative Responsibility for
Religious Freedom
Conclusion
Notes
Index
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