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Working paper
Free Exercise of Abortion
In: Brigham Young University Law Review, Band 49
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Free Exercise in the Mirror
In: North Carolina Civil Rights Law Review Volume 2 (2022 Forthcoming)
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Fairness and free exercise
In: Religion and the Constitution / Kent Greenawalt 1
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Justifying Free Exercise Rights
In: University of St. Thomas Law Journal 504
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Free Exercise in the Lobbying Nineties
In: Nebraska Law Review, Band 84, S. 795
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The "Essential" Free Exercise Clause
In: Harvard Journal of Law and Public Policy, Band 44
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Working paper
Taking Free Exercise Rights Seriously
In: Case Western Reserve Law Review, Band 47, Heft 1
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Effecting Free Exercise and Equal Protection
In: 72 Duke Law Journal (2023 Forthcoming)
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Medical Futility and Religious Free Exercise
In: First Amendment Law Review, Band 15, Heft 43
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When Free Exercise and Nonestablishment Conflict
The First Amendment to the United States Constitution begins: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements – the so-called Nonestablishment Clause and the Free Exercise Clause – and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church's "establishment" interferes with free exercise. In this respect, the First Amendment's clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners' religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment's conflicting values into account. ; https://scholarship.law.columbia.edu/books/1214/thumbnail.jpg
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When Free Exercise and Nonestablishment Conflict
Frontmatter --Contents --Introduction --Part One. Government Use of Religious Practices, Communications, and Symbols --Part Two. Forms of Government Aid to Religious Institutions and Individuals: Financial Support and Exemptions --Part Three. Discourse Regarding Religion within Public Schools --Part Four. Considerations and Questions that Cross the Range --Part Five. Religious Convictions, Public Reasons, and Political Choices --Conclusion --Notes --Acknowledgments --Index