Bette Novit Evans - Interpreting the Free Exercise of Religion: The Constitution and American Pluralism
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Interpreting the Free Exercise of Religion: The Constitution and American Pluralism
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Interpreting the Free Exercise of Religion : The Constitution and American Pluralism
author
:
Evans, Bette Novit.
publisher
:
University of North Carolina Press
isbn10 | asin
:
0807823740
print isbn13
:
9780807823743
ebook isbn13
:
9780807861349
language
:
English
subject
Freedom of religion--United States, Church and State--United States.
publication date
:
1997
lcc
:
BR516.E9 1997eb
ddc
:
323.44/2/0973
subject
:
Freedom of religion--United States, Church and State--United States.
Page iii
Interpreting the Free Exercise of Religion
The Constitution and American Pluralism
Bette Novit Evans
THE UNIVERSITY OF NORTH CAROLINA PRESS CHAPEL HILL AND LONDON
Page iv
1997 The University of North Carolina Press All rights reserved Manufactured in the United States of America The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. Library of Congress Cataloging-in-Publication Data Evans, Bette Novit. Interpreting the free exercise of religion: the Constitution and American pluralism/Bette Novit Evans. p. cm. Correction: cloth ISBN 0-8078-2374-0 Includes index. ISBN 0-8078-2399-6 (cloth: alk. paper). ISBN 0-8078-4674-0 (pbk.: alk. paper) 1. Freedom of religion United States. 2. Church and State United States. I. Title. BR516.E9 1998 323.44`2'0973 dc2197-8408 CIP
01 00 99 98 97 5 4 3 2 1
Page v
To my amazingly complex and wonderfully loving family for whom pluralism isn't a "normative vision," but a simple fact of life. And with special love to my sons, Micah and Jeremy.
Page vii
Contents
Acknowledgments
ix
Introduction
1
CHAPTER ONE The Search for Principles
11
CHAPTER TWO Definitions of Religion under the Free Exercise Clause
46
CHAPTER THREE Burdens to Religious Beliefs
76
CHAPTER FOUR The Nature of Religious Exercises
98
CHAPTER FIVE The Autonomy of Religious Institutions
121
CHAPTER SIX Threats to Religious Identity
168
CHAPTER SEVEN Burdens on Religious Exercise
182
CHAPTER EIGHT Accommodating, Exempting, and Balancing: Religious Freedom and the Political Process
204
CHAPTER NINE The Pluralist Theory of Free Exercise
228
Notes
247
Index
289
Page ix
Acknowledgments
During the several years this work was in preparation, I received support from Creighton University and from my colleagues and students here. I prepared an early draft of this manuscript while I was a fellow at the Creighton's Center for Health Policy and Ethics. Later stages of this project were supported by a summer research grant of the graduate school and by the sabbatical program of the College of Arts and Sciences. I am grateful to both. In addition, I would like to thank Mary Caviness of The University of North Carolina Press, whose careful eye saved me from many potentially embarrassing mistakes. Above all, I have benefited from generous insights of colleagues in the Faculty Research Group of the Center for Religion and Society at this university. Their encouragement and kindness, expertise and intelligence transcend collegiality and reflect genuine friendship.
Page 1
Introduction
One of the achievements of the American constitutional system we most justly celebrate is the First Amendment guarantee of religious freedom. The very first words of the Bill of Rights announce this protection: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof."1 Traditionally, we have understood these words to encompass two separate guarantees. The Establishment Clause protects us against state-sponsored or -imposed religious obligations, and the Free Exercise Clause protects the liberty of individual and group religious expressions from state penalties. Judges, activists, and scholars have long argued about whether the two clauses encompass a single principle of religious liberty, or whether they protect essentially different kinds of interests: are they fundamentally consistent or ultimately contradictory? In either case, together they provide the context in which each one separately makes sense. This book is about the guarantee of free exercise of religion, but only in the sense that it is the foreground of a photograph distinguishable only because of the constitutional context in which it is situated.
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