Regulating Religion: The Courts and the Free Exercise ClauseJurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake. |
Contents
| 3 | |
| 6 | |
2 The Process of Casuistry | 39 |
Typologies of the Relationship between Conscience and the State | 48 |
4 The Religiously Encumbered Self | 99 |
5 Societal Boundaries Paranoia and Ill Humor and the Role of the Courts under the Free Exercise Clause | 109 |
6 A Critique of the Courts Free Exercise Clause Jurisprudence in the US Supreme Court Case of Employment Division | 118 |
7 Governmental Intervention in and Punishment for the Use of Spiritual Healing Methods | 149 |
A Summary and Some Conclusions | 186 |
Notes | 189 |
Index | 267 |
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Common terms and phrases
abuse Amish anarchy applied arguments authority Backus behavior boundaries casuistical casuistry child Christian Science civil claimants claims common compelling state interest conclusive presumption conscience Constitution context criminal dissenting divine drug duly ordered relationships duty emphasis added emphasis in original Employment Div Employment Division enlightenment type evil example exemption faith healing framework free exercise clause gious Gobitis God’s harm individual Isaac Backus issue Jehovah's Witnesses John Leland judge kingdoms type legislative Leland levitical type liberty matter McLoughlin ment moral Mormon Native American Church noted one’s opinion Oregon Oregon attorney Oregon Supreme Court paradigm paradigmatic parents peace person peyote political polygamy presumption principles prohibition protection punishment reason regulation reli religion religious adherent religious beliefs religious freedom religious group religious practice repr Reynolds sacramental peyote Sherbert Smith society spiritual healing state’s statute Tertullian tion tolerance U.S. Supreme Court unemployment Univ wilderness worship Yoder York