The Distinctiveness of Religion in American Law

Rethinking Religion Clause Jurisprudence

by

Series: Law and Christianity

Subject categories
ISBNs
  • 9781107016507
  • 9781316354834
  • 9781316348833
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.
  • Cambridge University Press; July 2015
  • ISBN: 9781316354834
  • Read online, or download in secure PDF or secure EPUB format
  • Title: The Distinctiveness of Religion in American Law
  • Series: Law and Christianity
  • Author: Kathleen A. Brady
  • Imprint: Cambridge University Press
Subject categories
ISBNs
  • 9781107016507
  • 9781316354834
  • 9781316348833

In The Press

'Kathleen Brady's book confronts the most controversial and difficult question in the field of religious freedom: What are the grounds for the law to treat religion differently from other human activities, by protecting it from burdens imposed by generally applicable laws? When should such claims be protected, and what about claims of secular conscience that conflict with law? Brady's discussion of these issues and her answers are unfailingly thoughtful and honest - a model of scholarly contribution on a topic where much has been said but fundamental issues remain contested.' Thomas C. Berg, University of St Thomas School of Law, Minnesota