In an age of intolerance where religious persecution is widespread, Barbara Ann Rieffer-Flanagan explores how societies can promote freedom of religion or belief as a fundamental right of citizens Examining the extent of religious persecution throughout the world, this cutting-edge book explores mechanisms to address religious intolerance and develop religious freedom, outlining the necessary factors to measure progress on the protection of this fundamental human right. Chapters explore how freedom of religion or belief can be institutionalized in dispositions, laws, and policies through efforts which limit negative depictions of the religious (or non-religious) Other in public discourse. Rieffer-Flanagan demonstrates how reforms that enhance the ability of civil society actors to operate can also promote freedom of religion or belief, and how states and IGOs can support these efforts. Ultimately, this innovative book proves that reforms must be continually nurtured for freedom of religion or belief to exist in society. With interview-based research and a diverse range of regional case studies, this will be a vital resource for students and scholars of philosophy, religion, human rights law and political science. Considering the role of leaders in the promotion of religious tolerance, the book will also prove invaluable to policymakers concerned with human rights and freedom of religion or belief.

Constitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders. Arranged into five main sections, the Research Handbook addresses a range of topics through the lens of comparative constitutional law, including history, concepts and theories; models of managing religion; the politics of religion; supranational constitutionalism and challenges and controversies. The contributors take an interdisciplinary approach to survey historical, legal, political and philosophical views of the contemporary multifaceted treatment of religion within the constitutional order. Chapters explore in depth the interplay between domestic, European and international law, the interaction of the traditions of the major religions with the constitutional ordering of religion and the state, as well as the key challenges brought about by the repoliticizisation of religion. This innovative Research Handbook will be a definitive resource for academics and students interested in religious studies, international and European Union law, international relations, comparative constitutionalism, history, legal and political theory, and sociology.

Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion.
The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.

Religious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with.

Voices of Freedom: The Middle East and North Africa showcases essays from activists, journalists, novelists, and scholars whose areas of expertise include free speech, peace and reconciliation, alterity-otherness, and Middle Eastern and North African religions and literatures. Co-edited by TCU colleagues Rima Abunasser and Mark Dennis, the volume is meant to serve as a vehicle for giving dignity and depth to the peoples of these regions by celebrating courageous voices of freedom trying to respond to fundamental, often devastating, changes on the ground, including the Arab Spring, the Syrian refugee crisis, and the rise of the Islamic State. Writing in both the first- and third-person, essayists offer deeply moving portraits of voices that cry out for freedom in chaotic, and often violent, circumstances. Voices of Freedom is aimed at college classes that address the many ways in which freedom intersects with politics, religion, and other elements in the societies of these dynamic and diverse regions. It will serve as a valuable primary source for college teachers interested in exploring with their students the struggle for freedom in non-Western and transnational cultural contexts. The volume is also meant to attract other audiences, including readers from the general public interested in learning about inspirational people from parts of the world about which Americans and other English-speaking peoples are generally unfamiliar.

View the Table of Contents.
Read the Introduction.

"Choice Magazine" Outstanding Academic Titles 2005 Winner

"[William's] theory is elegant in its explication and provocative in its implications for government restrictions on speech ranging from the hateful, the symbolic, the politically subversive, and the costly. A must read."--"Choice," A 2005 "Choice" Outstanding Academic Title

"Meticulously argued and clearly organized, her account of free speech is both fundamentally feminist and optimistic."--"The Law and Politics Book Review"

"What emerges from this well-written work of careful scholarship is an important contribution to free speech literature."
--Frederick Schauer, John F. Kennedy School of Government, Harvard University

Amidst the vast array of literature on the First Amendment, it is rare to hear a fresh voice speak about the First Amendment, but in Truth, Autonomy, and Speech, Susan H. Williams presents a strikingly original interpretation and defense of the First Amendment, written from a feminist perspective. Drawing on work from several disciplines--including law, political theory, philosophy, and anthropology--the book develops alternative accounts of truth and autonomy as the foundations for freedom of expression. Building on feminist understandings of self and the social world, Williams argues that both truth and autonomy are fundamentally relational.

With great clarity and insight, Williams demonstrates that speech is the means by which we create rather than discover truth and the primary mechanism through which we tell the stories that constitute our autonomy. She examines several controversial issues in the law of free speech--includingcampaign finance reform, the public forum doctrine, and symbolic speech--and concludes that the legal doctrine through which we interpret and apply the First Amendment should be organized to protect speech that serves the purposes of truth and autonomy.

In the wake of the Occupy Wall Street movement, leading planers and social scientists examine public space today and freedom of assembly. The Occupy Wall Street movement has challenged the physical manifestation of the First Amendment rights to freedom of assembly. Where and how can people congregate today? Forty social scientists, planners, architects, and civil liberties experts explore the definition, use, role, and importance of public space for the exercise of our democratic rights to free expression. The book also discusses whose voice is heard and what factors limit the participation of minorities in Occupy activities. This foundational work puts issues of democracy and civic engagement back into the center of dialogue about the built environment. Beyond Zuccotti Park is a collaborative effort of Pratt Graduate Center for Planning and the Environment, City College of New York School of Architecture, New Village Press and its parent organization, Architects/Designers/Planners for Social Responsibility. The book is part of an open civic inquiry on the part of these organizations. The project was seeded by a series of free public forums, Freedom of Assembly: Public Space Today, held at the Center for Architecture in response to the forced clearance of Occupy activities from Zuccotti Park and public plazas throughout the country. The first two recorded programs took place on December 17, 2011 and February 4, 2012.

Mindy Thompson Fullilove presents ways to strengthen neighborhood connectivity and empower marginalized communities through investigation of urban segregation from a social heath perspective. "Fullilove passionately demonstrates how, through an urbanity of inclusion, we can heal our fractured cities to make them whole again. What if divided neighborhoods were causing public health problems? What if a new approach to planning and design could tackle both the built environment and collective well-being at the same time? What if cities could help each other? Dr. Mindy Thompson Fullilove, the acclaimed author of Root Shock, uses her unique perspective as a public health psychiatrist to explore and identify ways of healing social and spatial fractures simultaneously. Using the work of French urbanist Michel Cantal-Dupart and the American urban design firm Rothschild Doyno Collaborative as guides as well as urban restoration projects from France and the US as exemplary cases, Fullilove identifies nine tools that can mend our broken cities and reconnect our communities to make them whole.

Throughout American history, legal battles concerning the First Amendment's protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz's substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution will be an indispensable resource for anyone interested matters of religious freedom from the Republics earliest days to current debates.

According to new research from the Public Religion Research Institute, there are over 35 million consistently progressive Christians in the United States. Majorities of American Christians support reproductive justice and LGBTQ+ rights. Yet they're erased from our public narrative--only mentioned as outliers to the fundamentalist norm. In Just Faith, progressive Christian activist and writer Guthrie Graves-Fitzsimmons explains how a strong religious left has accompanied every major progressive advance in our society, and he resurrects the long but forgotten history of progressive Christianity in the United States that can and must link arms with progressive Muslims and Jews to make the moral case for pluralism, human dignity, and the common good. Graves-Fitzsimmons provides a blueprint for this type of resurrection based on his advocacy work at the intersection of religion and American politics. Graves-Fitzsimmons creates a rallying cry for a bold progressive Christianity that unapologetically fights for its values to impact the biggest political battles of our time--from immigration and economic fairness to LGBTQ+ rights and abortion rights- so that progressive Christians will stop lowering their voices when they identify as Christians. "What kind of Christian are you?" they'll be asked. And they'll even be understood when they reply with a smile, "The good kind."

From the murderous reaction to the publication in a French satirical magazine of 'blasphemous' cartoons, to wrangles over the wearing of religious dress and symbols in schools and workplaces, the interaction between law and religion is rarely far from the headlines. Indeed, the editors of this Routledge collection argue that, since the events of 11 September 2001, the short- and long-term implications of multiculturalism, religious resurgence, and extremism have dominated public life both globally and domestically. Consequently, they say, the legal framework concerning the regulation of religion has changed dramatically over the last decade or so. There have been numerous developments at the global, regional, state, and sub-state level, and these changes have been accompanied by an unprecedented number of high-profile cases affecting religious individuals and groups. Now, this new collection from Routledge's Critical Concepts in Law series, edited by two prolific authors based at the world-leading Centre for Law and Religion at Cardiff University, meets the need for an authoritative reference work to help researchers and students navigate and make better sense of an abundance of scholarship. With a full index, and thoughtful introductions, newly written by the learned editors, Law and Religion traces the field's development and highlights the challenges for future explorations. The collection will be valued by legal and religious scholars as a vital and enduring resource.

The question of to what extent, manifestations of religious beliefs should be permitted in the European public sphere has become a salient and controversial topic in recent years. Despite the increasing interest however, debates have rarely questioned the conventional wisdom that an increase in the range of security measures employed by a government inevitably leads to a decrease in the human rights enjoyed by individuals.

This book analyses the relationship between state security regime changes and the right to religious freedom in the EU. It presents a comparative analysis of the impact these regime changes have had on the politics, policies and protections of religious freedom across the EU member states in the post-2001 environment. The book provides a timely investigation into the role of national legislation, the European Court of Human Rights, and societal trends in the protection of religious freedom, and in so doing demonstrates why the relationship between state security and religious freedom is one of the most socially significant challenges facing policymakers and jurists in Europe at the present time.

In the wake of the Occupy Wall Street movement, leading planers and social scientists examine public space today and freedom of assembly. The Occupy Wall Street movement has challenged the physical manifestation of the First Amendment rights to freedom of assembly. Where and how can people congregate today? Forty social scientists, planners, architects, and civil liberties experts explore the definition, use, role, and importance of public space for the exercise of our democratic rights to free expression. The book also discusses whose voice is heard and what factors limit the participation of minorities in Occupy activities. This foundational work puts issues of democracy and civic engagement back into the center of dialogue about the built environment. Beyond Zuccotti Park is a collaborative effort of Pratt Graduate Center for Planning and the Environment, City College of New York School of Architecture, New Village Press and its parent organization, Architects/Designers/Planners for Social Responsibility. The book is part of an open civic inquiry on the part of these organizations. The project was seeded by a series of free public forums, Freedom of Assembly: Public Space Today, held at the Center for Architecture in response to the forced clearance of Occupy activities from Zuccotti Park and public plazas throughout the country. The first two recorded programs took place on December 17, 2011 and February 4, 2012.

Read Chapter One.

Frederick Douglass and George Fitzhugh disagreed on virtually every major issue of the day. On slavery, women's rights, and the preservation of the Union their opinions were diametrically opposed. Where Douglass thundered against the evils of slavery, Fitzhugh counted its many alleged blessings in ways that would make modern readers cringe. What then could the leading abolitionist of the day and the most prominent southern proslavery intellectual possibly have in common? According to David F. Ericson, the answer is as surprising as it is simple; liberalism.

In The Debate Over Slavery David F. Ericson makes the controversial argument that despite their many ostensible differences, most Northern abolitionists and Southern defenders of slavery shared many common commitments: to liberal principles; to the nation; to the nation's special mission in history; and to secular progress. He analyzes, side-by-side, pro and antislavery thinkers such as Lydia Marie Child, Frederick Douglass, Wendell Phillips, Thomas R. Dew, and James Fitzhugh to demonstrate the links between their very different ideas and to show how, operating from liberal principles, they came to such radically different conclusions. His raises disturbing questions about liberalism that historians, philosophers, and political scientists cannot afford to ignore.

This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. The volume brings together chapters by leading experts from law, religious studies, and international relations, who provide perspectives from both sides of the Atlantic. At a time when the polarization of 'culture wars' is aggravating tensions between secular and religious views about accommodating the conscientious claims of individuals and groups, and when the right to freedom of religion itself is facing misunderstanding and erosion, the work provides welcome clarity and depth. Some chapters adopt a primarily conceptual and historical approach; others analyze particular difficulties or conflicts that have emerged in European and American jurisdictions, along with concrete applications and recommendations for the future. The book will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.

Using the metaphor of 'constitutional space', this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom. Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom. Contributors include: P.T. Babie, R. Barker, A.P. Bhanu, A. Deagon, C. Evans, J. Forrester, N. Foster, M. Fowler, J. Harrison, M. Hill, J. Neoh, E.U. Ochab, J. Patrick, C. Read, N.G. Rochow, V.-I. Savic, B.G. Scharffs, P. Taylor, P. Xiong

Click here to see a video interview with Emelio Betances. Click here to access the tables referenced in the book. Since the 1960s, the Catholic Church has acted as a mediator during social and political change in many Latin American countries, especially the Dominican Republic, Bolivia, Guatemala, Nicaragua, and El Salvador. Although the Catholic clergy was called in during political crises in all five countries, the situation in the Dominican Republic was especially notable because the Church's role as mediator was eventually institutionalized. Because the Dominican state was persistently weak, the Church was able to secure the support of the Balaguer regime (1966–1978) and ensure social and political cohesion and stability. Emelio Betances analyzes the particular circumstances that allowed the Church in the Dominican Republic to accommodate the political and social establishment; the Church offered non-partisan political mediation, rebuilt its ties with the lower echelons of society, and responded to the challenges of the evangelical movement. The author's historical examination of church-state relations in the Dominican Republic leads to important regional comparisons that broaden our understanding of the Catholic Church in the whole of Latin America.

The Protections for Religious Rights is the first practitioner work to offer a full and systematic treatment of the law as it pertains to religious rights in the UK and abroad. A practical working aid to a sensitive and important area of increasing litigation and public debate, this text examines the applicable legal instruments, considers the current state of the law, and reviews domestic, comparative, and international case law to provide a comprehensive reference resource that informs on all matters of significance in this area. The protections for religious rights in the UK are rooted in international law and the English common law. Religious conflicts have arisen when communities have perceived that their religious rights have been targeted for suppression, or ignored. Despite international human rights instruments which are intended to protect such rights, many courts have adopted a narrow and restrictive approach towards these aspects. With practical evaluations of the relevant international instruments which inform domestic law in the UK, the important substantive areas of employment, education, family, and goods and services, are addressed specifically in dedicated chapters. Comparative perspectives are also considered in an extensive chapter offering global treatment of legislation and authorities, drawing on expertise from the United States, Canada, South Africa, Australia, India, Ireland, New Zealand, and Turkey. Other areas where protections for religious rights are engaged are addressed in a final chapter - including coverage of places of worship, criminal law, planning, charitable status, prisons, immigration, and animal rights - making this text a complete resource for all concerned or interested in this area of law. The text includes an appendix of selected materials for easy reference to relevant extracts from international treaties, constitutions and domestic statutes.

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities' right to freedom of religion and belief, and the absence of such concept in the HRC's case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Black Muslims and the Law: Civil Liberties From Elijah Muhammad to Muhammad Ali examines the Nation of Islam's quest for civil liberties as what might arguably be called the inaugural and first sustained challenge to the suppression of religious freedom in African American legal history. Borrowing insights from A. Leon Higgonbotham Jr.'s classic works on American slavery jurisprudence, Black Muslims and the Law reveals the Nation of Islam's strategic efforts to engage governmental officials from a position of power, and suggests the federal executive, congressmen, judges, lawyers, law enforcement officials, prison administrators, state governments, and African American civic leaders held a common understanding of what it meant to be and not to be African American and religious in the period between World War II and the Vietnam War. The work raises basic questions about the rights of African descended people to define god, question white moral authority, and critique the moral legitimacy of American war efforts according to their own beliefs and standards.

Recent revelations about government surveillance of citizens have led to questions about whether there should be better defined boundaries around privacy. Should government officials have the right to specifically target certain groups for extended surveillance? United States municipal, territorial, and federal agencies have investigated religious groups since the nineteenth century. While critics of contemporary mass surveillance tend to invoke the infringement of privacy, the mutual protection of religion and public expression by the First Amendment positions them, along with religious expression, comfortably within in the public sphere. This book analyzes government monitoring of Mormons of the Territory of Utah in the 1870s and 1880s for polygamy, Quakers of the American Friends Service Committee (AFSC) from the 1940s to the 1960s for communist infiltration, and Muslims of Brooklyn, New York, from 2002 to 2013 for suspected terrorism. Government agencies in these case studies attempted to understand how their religious beliefs might shape their actions in the public sphere. It follows that government agents did not just observe these communities, but they probed precisely what constituted religion itself alongside shifting legal and political definitions relative to their respective time periods. Together, these case studies form a new framework for discussions of the historical and contemporary monitoring of religion. They show that government surveillance is less predictable and monolithic than we might assume. Therefore, this book will be of great interest to scholars of United States religion, history, and politics, as well as surveillance and communication studies.

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities' right to freedom of religion and belief, and the absence of such concept in the HRC's case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it - both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.

In this book Kerry O'Halloran analyses a subject of international interest - religion - and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies - nationally and internationally - are contributing to religion's currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally. Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes - such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion - and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising. This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.

Though much has already been written on religious freedom in the United States, these treatments have come mostly from historians, legal scholars, and advocates, with relatively little attention from rhetorical critics. In The Rhetoric of Religious Freedom in the United States, fifteen scholars from this field address the variety of forms that free, public religiosity may assume, and which rhetorical techniques are operative in a public square populated by a diversity of religious-political actors. Together they consider the arguments, evidences, and strategies defining what religious freedom means and who is entitled to claim it in the contemporary United States.