In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom - such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.

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.

In the summer of 2006, the author received a message that read, Love the Nazis, and KILL THE JEWS DEAD. And that was the trigger that launched internationally known scholar Falk into work on this book. Anti-Semitism has once again become a worldwide phenomenon, growing largely during the last decade of the 20th century and the early years of the 21st. Among the spurs for this are the migration of Muslim populations and the ongoing Israeli-Arab wars. In this far-reaching and comprehensive volume, Falk delves deeply into the current events, history, and literature on anti-Semitism, integrating insights from psychology, sociology, anthropology, psychoanalysis, and political science. The result is an absorbing exploration of one of the oldest scourges of humanity, spotlighting the irrational and unconscious causes of anti-Semitism. In the summer of 2006, the author received a message that read, Love the Nazis, and KILL THE JEWS DEAD. And that was the trigger that launched internationally known scholar Avner Falk into work on this book. Anti-Semitism has once again become a worldwide phenomenon, growing largely during the last decade of the twentieth century and the early years of the twenty-first. Among the spurs for this are migration of Muslim populations and the ongoing Israeli-Arab wars. In this far-reaching and comprehensive volume, Falk delves deeply into the current events, history and literature on anti-Semitism, integrating insights from psychology, sociology, anthropology, psychoanalysis, and political science. The result is an absorbing exploration of one of the oldest scourges of humanity, spotlighting the irrational and unconscious causes of anti-Semitism. This book also features chapters on the psychodynamics of racism, fascism, Nazism, and the dark, tragic, and unconscious processes, both individual and collective, that led to the Shoah. Holocaust denial and its psychological motives, as well as insights into the physical and psychological survival strategies of Holocaust survivors, are explored in depth. There are also chapters on scientific anti-Semitism including eugenics.

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.

African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.

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"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.

Islam in Europe delves into the daily routines of European Muslim communities in order to provide a better understanding of what it means to be a European Muslim today. Instead of positing particular definitions of being Muslim, this volume invites and encourages a diverse body of 735 informants from Belgium, France, Germany, the Netherlands and the UK to reflect on who they are and on the meaning and place Islam has in such considerations. Drawing upon extensive fieldwork and suggesting novel ways of seeing the phenomenon of European Islam and the continent's Muslim communities, Islam in Europe examines how through their practices, discourses, face to face and mediated interaction, European Muslims construct notions or identity, agency, solidarity and belonging, or how they negotiate and redefine religion, tradition, authority and cultural authenticity. Theoretically and methodologically innovative, Islam in Europe makes a significant contribution to better understanding European Islam and Europe's Muslims.

This book is a unique collection of alternative Muslim voices, predominantly from Europe, who come from a variety backgrounds--academia, theology, acting, activism--and who make a transformational contribution to the debate of the future of Islam and Muslims in the West. They are a selection, representing the silent majority voices many in the West so desperately want to hear.Contributors are based in a variety of European and American cities, mainly in areas where there are large number of Muslim immigrant populations. Some discuss theological issues, while others talk about their personal struggles of being a Muslim in a non-Muslim setting and hearing conflicting messages about how one is supposed to behave as a "true Muslim." They come from different ethnicities and different social and academic backgrounds.

The transformation of the Turkish state is examined here in the context of globalized frames of neo-liberal capitalism and contemporary schemas of Islamic politics. It shows how the historical emergence of two distinct yet intertwined imaginaries of state structuring, "laiklik" and Islam, continues to influence Turkish politics today.

In the landmark case City of Boerne v. Flores, the Supreme Court struck down a major federal statute - the Religious Freedom Restoration Act of 1993. This decision raised questions not only about religious freedom in America, but also about federalism and separation of powers. Using the narrative framework of a tense dispute that divided a small Texas town, Waltman offers the first book-length analysis of the constitutional jurisprudence involved in the passage of the act. Congress, the Supreme Court, and Religious Liberty shows how this case and others like it stimulated and advanced an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laicite, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. 2004

Rejecting the extreme arguments of today's debates, the author examines what the framers of the Constitution actually said about religious freedom The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all-including agnostics and atheists-that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value. Now it is for us, Meyerson concludes, to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.

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.

The collapse of socialist regimes across Southeastern Europe changed the rules of the political game and led to the transformation of these societies. The status of women was immediately affected. The contributors to this volume contrast the status of women in the post-socialist societies of the region with their status under socialism.

Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.

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.

This book provides a critical history of the distinctive tradition of Indian secularism known as Tolerance. Since it was first advanced by Mohandas Gandhi, the Tolerance ideal has measured secularism and civil religiosity by contrast with proselytizing religion. In India today, it informs debates over how the right to religious freedom should be interpreted on the subcontinent. Not only has Tolerance been an important political ideal in India since the early twentieth century; the framing assumptions of Tolerance permeate historical understandings among scholars of South Asian religion and politics. In conventional accounts, the emergence of Tolerance during the 1920s is described as a victory of Indian secularism over the intolerant practice of shuddhi "proselytizing", pursued by reformist Hindus of the Arya Samaj, that was threatening harmonious Hindu-Muslim relations. This study shows that the designation of shuddhi as religious proselytizing was not fixed; it was the product of decades of political struggle. The book traces the conditions for the emergence of Tolerance, and the circumstances of its first deployment, by examining the history of debates surrounding Arya Samaj activities in north India between 1880 and 1930. It asks what political considerations governed Indian actors' efforts to represent shuddhi as religious on different occasions; and it asks what was lost in translation when they did. It reveals that by framing shuddhi decisively as a religious matter, Tolerance functioned to disengage Indian secularism from the politics of caste.

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.

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

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.