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In light of recent Supreme Court decisions, this book defends traditional religious protections under the First Amendment.
List of contents
Introduction; Part I. The Distinctiveness of Religion: 1. The development and limits of the equality paradigm; 2. The continuing power of the equality paradigm; 3. A unique relationship, a common foundation; 4. A new framework for religion clause jurisprudence; Part II. The Believer and the State: 5. Freedom of conscience today: rethinking free exercise exemptions; 6. Challenges to constructing a right of exemption that is feasible and fair; 7. Meeting the challenge: lessons from the first Congress; 8. New proposals for free exercise exemptions; 9. The role and limits of legislative and administrative accommodation; 10. Examining sincerity and defining religion; Conclusion: secular moral commitments revisited.
About the author
Kathleen A. Brady is a Senior Fellow at the Center for the Study of Law and Religion at Emory University, Atlanta. Her scholarship focuses on the intersection of law and religion, including the First Amendment religion clauses, religion in public life, law and theology, and Catholic social thought.
Summary
With the controversial 2014 Supreme Court ruling in Burwell v. Hobby Lobby, traditional religious protections under the First Amendment have been questioned by the public. This book provides a persuasive defense of religious protections by drawing on founding era thought as well as theology, philosophy of religion, and comparative religion.
