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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Free exercise of "religion" -- Introduction to establishment -- What is an establishment of religion? -- Constitutional and statutory protection of free exercise -- Conscience, complicity, and conscientious objection -- Conflicts between individua and institutional religious freedom -- FLUIPA : the religious land use and institutionalized persons act -- Comparative religious freedom -- Religion and politics -- Teaching about religion and science -- The old and new law of religion
"The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority."--
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Cover -- Contents -- Introduction. The Immigration Controversy: Religion and Law in Collision -- PART ONE: God in the Desert: Migrant Deaths and the Rise of Border Ministries -- 1. A Window into the Crisis: Three Nuns and a Soup Kitchen -- 2. Sanctuary Old and New: The Biblical Tradition of Radical Hospitality -- 3. A Theology of Water: Humane Borders and the Reverend Robin Hoover -- 4. Transcending Borders: No More Deaths and a Higher Moral Law -- 5. Postscript: Riding with the Samaritans -- PART TWO: Law in the Desert: Security, Sovereignty, and the Natural Rights of the State -- 6. Fencing Arizona: Meditations on a Wall -- 7. Invasions, Floods, and Barbarians: What's to Be Afraid of? -- 8. Senate Bill 1070: Wagers of Love and Fear at the Border -- 9. Postscript: What Would Jesus Do? -- Conclusion. And the Deaths Go On . . . -- Acknowledgments -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- X.
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The Diyanet is the 'Presidency of Religious Affairs', the official face of Islam and highest religious authority in Turkey, and is a governmental department established in 1924 after the break-up of the Ottoman Empire. In this book, Emir Kaya offers an in-depth multidisciplinary analysis of this vital institution. Focusing on the role of the Diyanet in society, Kaya explores the balance the institution has to strike between the Islamic traditions of the Turkish population and the officially secular creed of the Turkish state. By examining the various laws that either bolstered or hindered the Diyanet's budgets and activities, Kaya highlights the institutional mindsets of the Diyanet membership as well as evaluating its successes and failures as a governmental department that has to consistently operate within the context of the religiosity of Turkish society. By situating all of this within the context of the two competing but often complimentary concepts of religion and secularism, Kaya offers a book that is important for those researching the role of religion and the state in society in the Middle East and beyond
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