Agreeing to disagree: how the establishment clause protects religious diversity and freedom of conscience
Michael W. McConnell and Nathan S. Chapman detail the theological, political, and philosophical underpinnings of religious disestablishment in the United States - and how they relate to modern controversies over school funding, accommodation, public prayer, and public religious symbols. They argue t...
| Authors: | ; |
|---|---|
| Format: | Electronic Book |
| Language: | English |
| Subito Delivery Service: | Order now. |
| Check availability: | HBZ Gateway |
| WorldCat: | WorldCat |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
New York, NY
Oxford University Press
[2023]
|
| In: | Year: 2023 |
| Series/Journal: | Inalienable rights series
Oxford scholarship online Political Science |
| Further subjects: | B
Law
B Laws of specific jurisdictions & specific areas of law B Church and state (United States) B Freedom Of Religion (United States) |
| Online Access: |
Table of Contents (Aggregator) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Parallel Edition: | Non-electronic
|
| Summary: | Michael W. McConnell and Nathan S. Chapman detail the theological, political, and philosophical underpinnings of religious disestablishment in the United States - and how they relate to modern controversies over school funding, accommodation, public prayer, and public religious symbols. They argue that the clause is not a thumb on the scale for secularism in public matters (let alone the opposite) but a constitutional commitment for Americans of all religious commitments - and none - to agree to disagree about matters of faith. "The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion," may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. This book details the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. This book shows how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations"-- |
|---|---|
| Physical Description: | 1 Online-Ressource (226 Seiten) |
| ISBN: | 978-0-19-767647-9 |
| Persistent identifiers: | DOI: 10.1093/oso/9780195304664.001.0001 |
