The First Amendment to the United States Constitution begins: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements-the so-called Nonestablishment Clause and the Free Exercise Clause-and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church's "establishment" interferes with free exercise. In this respect, the First Amendment's clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners' religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment's conflicting values into account.

An introduction to antiracism, a powerful tradition crucial for energizing American democracy On August 12, 2017, in Charlottesville, Virginia, a rally of white nationalists and white supremacists culminated in the death of a woman murdered in the street. Those events made clear that racism is alive and well in the United States of America. However, they also brought into sharp relief another American tradition: antiracism. While racists marched and chanted in the streets, they were met and matched by even larger numbers of protesters calling for racism's end. Racism is America's original and most enduring sin, with well-known historic and contemporary markers: slavery, lynching, Jim Crow, redlining, mass incarceration, police brutality. But racism has always been challenged by an opposing political theory and practice. Alex Zamalin's Antiracism tells the story of that opposition. The most theoretically generative and politically valuable source of antiracist thought has been the black American intellectual tradition. While other forms of racial oppression-for example, anti-Semitism, Islamophobia, and anti-Latino racism-have been and continue to be present in American life, antiblack racism has always been the primary focus of American antiracist movements. From antislavery abolition to the antilynching movement, black socialism to feminism, the long Civil Rights movement to the contemporary Movement for Black Lives, Antiracism examines the way the black antiracist tradition has thought about domination, exclusion, and power, as well as freedom, equality, justice, struggle, and political hope in dark times. Antiracism is an accessible introduction to the political theory of black American antiracism, through a study of the major figures, texts, and political movements across US history. Zamalin argues that antiracism is a powerful tradition that is crucial for energizing American democracy.

This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.

This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier Garcia Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, Garcia Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members' ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.

Kaing Guek Eav was an ordinary man growing up in Cambodia in the mid-twentieth century. But then, adopting the alias "Duch," he joined the Khmer Rouge and took charge of S-21, the infamous secret security center where in less than four years at least 14,000 "enemies" were interrogated, tortured, and executed. After the government's collapse, Duch fled to the Cambodian frontier, where he lived in anonymity until he was finally unmasked and sentenced to life in prison for his crimes. With remarkable and chilling precision, Duch describes firsthand the Khmer Rouge movement and his own role in the paranoid irrationality of the regime. An introduction and epilogue delve unflinchingly into Duch's character and motivations, our common humanity, and the sometimes uncomfortable implications of global justice.

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

This is the first global examination of the historical relationship between Christianity and human rights in the twentieth century. Leading historians, anthropologists, political theorists, legal scholars, and scholars of religion develop fresh approaches to issues such as human dignity, personalism, religious freedom, the role of ecumenical and transatlantic networks, and the relationship between Christian and liberal rights theories. In doing so they move well beyond the temporal and geographical limits of the existing scholarship, exploring the connection between Christianity and human rights, not only in Europe and the United States, but also in Africa, Latin America, and China. They offer alternative chronologies and bring to light overlooked aspects of this history, including the role of race, gender, decolonization, and interreligious dialogue. Above all, these essays foreground the complicated relationship between global rights discourses - whether Christian, liberal, or otherwise - and the local contexts in which they are developed and implemented.

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 rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

The Law of Religious Organizations, provides the first modern systematic account of the English law relating to religious organizations. It introduces the subject through an historical overview of the relationship between church and state, and a depiction of contemporary patterns and structures of organized faith. It considers in depth the emerging human rights law of religious associations, the legal constitution of religious bodies, the status of ministers of religion and legal privileges associated with public religion.
Subsequent chapters examine the legal regulation of major aspects of religious life, including rituals, faith-based education and the delivery of faith-based welfare services. The book also considers broader questions of the legal regulation of religion in public life, from access to public discourse through formal and informal governmental consultation processes to safeguarding the presence of religious voices in the regulated mass media.
The final chapter draws together the author's reflections on trends at a broader level of constitutional theory. It argues that modern constitutional law occupies an uncertain position between establishment and secularism. While accepting a version of the secularization thesis in respect of English law, the author identifies but rejects legal secularism as a specific alternative to establishment. Instead, he argues for the clearer recognition of constitutional principles of autonomy and neutrality in the regulation of religious life.
The principal focus of the book is the law as it applies to non-established religions, but comparative reference is made throughout to the position of the Church of England. It emphasises the recent historical development of the law as an essential key to understanding current controversies and possible future resolutions.

Religious dimension of contemporary conflicts and the rise of faith-based movements worldwide require policymakers to identify the channels through which religious leaders can play a constructive role. While religious fundamentalisms are in the news every day, we do not hear about the potential and actual role of religious actors in creating a peaceful and just society. Countering this trend, Sandal draws attention to how religious actors helped prepare the ground for stabilizing political initiatives, ranging from abolition of apartheid (South Africa), to the signing of the Lome Peace Agreement (Sierra Leone). Taking Northern Ireland as a basis and using declarations and speeches of more than forty years, this book builds a new perspective that recognizes the religious actors' agency, showing how religious actors can have an impact on public opinion and policymaking in today's world.

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.

Almost everyone today affirms the importance and merit of religious liberty. But religious liberty is being challenged by new questions (for example, use of the niqab or church adoption services for same-sex couples) and new forces (such as globalization and Islamism). Combined, these make the meaning of religious liberty in the twenty-first century uncertain. This collection of essays by ten of the world's leading scholars on religious liberty takes aim at these issues. The book is arranged around five specific challenges to religious liberty today: the state's responsibility to prevent coercion and intimidation of believers by others within the same faith community; the US's basic moral responsibilities to promote religious liberty abroad; how to understand and apply the traditional right of conscientious objection in today's circumstances; the distinctive problems presented by globalization; and the viability today of an 'originalist' interpretation of the First Amendment religion clauses.

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.

While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens. The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.

This edited collection brings together scholars from Canadian and international institutions to discuss educationalization, a trend in modern societies that involves transferring social responsibilities onto the school system. This book brings a new dimension to the literature on educationalization by examining the concept in relation to Catholicism, Indigenous issues, the right to education, and historical studies grounded in both Canada and Chile. In these contributions, the book represents an attempt to both deepen the current discussion on the construction and use of educationalization as a concept as well as invite further exploration of this subject in relation to the increasing digitalization of life in the twenty-first century.

The issue of religious liberty has gained ever-increasing attention among policy makers and the public. Whereas politicians have long championed the idea of religious freedom and tolerance, the actual achievement of these goals has been an arduous battle for religious minorities. What motivates political leaders to create laws providing for greater religious liberty? In contrast to scholars who argue that religious liberty results from the spread of secularization and modern ideas, Anthony Gill argues that religious liberty results from interest-based calculations of secular rulers. Using insights from political economists, Gill develops a theory of the origins of religious liberty based upon the political and economic interests of governing officials. Political leaders are most likely to permit religious freedom when it enhances their own political survival, tax revenue, and the economic welfare of their country. He explores his theory using cases from British America, Latin America, Russia, and the Baltic states.

While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens. The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.

Goes beyond transgender to question the need for gender classification Beyond Trans pushes the conversation on gender identity to its limits: questioning the need for gender categories in the first place. Whether on birth certificates or college admissions applications or on bathroom doors, why do we need to mark people and places with sex categories? Do they serve a real purpose or are these places and forms just mechanisms of exclusion? Heath Fogg Davis offers an impassioned call to rethink the usefulness of dividing the world into not just Male and Female categories but even additional categories of Transgender and gender fluid. Davis, himself a transgender man, explores the underlying gender-enforcing policies and customs in American life that have led to transgender bathroom bills, college admissions controversies, and more, arguing that it is necessary for our society to take real steps to challenge the assumption that gender matters. He examines four areas where we need to re-think our sex-classification systems: sex-marked identity documents such as birth certificates, driver's licenses and passports; sex-segregated public restrooms; single-sex colleges; and sex-segregated sports. Speaking from his own experience and drawing upon major cases of sex discrimination in the news and in the courts, Davis presents a persuasive case for challenging how individuals are classified according to sex and offers concrete recommendations for alleviating sex identity discrimination and sex-based disadvantage. For anyone in search of pragmatic ways to make our world more inclusive, Davis' recommendations provide much-needed practical guidance about how to work through this complex issue. A provocative call to action, Beyond Trans pushes us to think how we can work to make America truly inclusive of all people.

Asia as a continent accounts for half the world's population. Within its boundaries, there is an incomparable diversity of cultures, socio-economic standards and political structures. And all the world's major religions-Hinduism, Islam, Judaism, Buddhism and Christianity-have their origins in Asia. Little wonder that religion is always involved in the flash points that occur across the region. Religious freedom and religious persecution knows no boundaries and are alive and well in all their complexions from Korea in the north to Indonesia in the south, from the Philippines in the east to Pakistan in the west. And UCAN has reporters and analysts across Asia's full extent. We have brought our unique network to the task of examining and the evaluating the prospects for religious freedom and the causes of religious persecution in Asia. As rational beings, we humans actualize our highest capacity when we make choices. For that exercise we need freedom. At the heart of all freedoms-political, economic and cultural especially-is the freedom to believe. Religious freedom is the fundamental freedom. Belief and its restriction attack the heart of freedom. But the circumstances and conditions of religious freedom and the persecution of believers vary greatly across the continent. The range and reach of those circumstances and conditions across Asia are what this volume offers.

State takeovers of local governments have garnered national attention of late, particularly following the water crisis in Flint, Michigan. In most U.S. cities, local governments are responsible for decisions concerning matters such as the local water supply and school affairs. However, once a state takes over, this decision-making capability is shuttled. Despite the widespread attention that takeovers in Flint and Detroit have gained, we know little about how such takeovers-a policy option that has been in use since the 1980s-affect political power in local communities. By focusing on takeovers of local school districts, this book offers the first systematic study of state takeovers of local governments. Although many major U.S. cities have experienced state takeovers of their local school districts, we know little about the political causes and consequences of takeovers. Complicating this phenomenon are the justifications for state takeokers; while they are assumedly based on concerns with poor academic performance, questions of race and political power play a critical role in the takeover of local school districts. However, Domingo Morel brings clarity to these questions and limitations-he examines the factors that contribute to state takeovers as well as the effects and political implications of takeovers on racialized communities, the communities most often affected by them. Morel both lays out the conditions under which the policy will disempower or empower racial and ethnic minority populations, and expands our understanding of urban politics. Morel argues that state interventions are a part of the new normal for cities and offers a novel theoretical framework for understanding the presence of the state in America's urban areas. The book is built around an original study of nearly 1000 school districts, including every school district that has been taken over by their respective state, and a powerful case study of Newark, New Jersey.

Beginning in the 1880s, the economic realities and class dynamics of popular northern resort towns unsettled prevailing assumptions about political economy and threatened segregationist practices. Exploiting early class divisions, black working-class activists staged a series of successful protests that helped make northern leisure spaces a critical battleground in a larger debate about racial equality. While some scholars emphasize the triumph of black consumer activism with defeating segregation, Goldberg argues that the various consumer ideologies that first surfaced in northern leisure spaces during the Reconstruction era contained desegregation efforts and prolonged Jim Crow. Combining intellectual, social, and cultural history, The Retreats of Reconstruction examines how these decisions helped popularize the doctrine of "separate but equal" and explains why the politics of consumption is critical to understanding the "long civil rights movement."

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.

How can religious liberty be guaranteed in societies where religion pervades everyday life? In "The Wheel of Law," Gary Jacobsohn addresses this dilemma by examining the constitutional development of secularism in India within an unprecedented cross-national framework that includes Israel and the United States. He argues that a country's particular constitutional theory and practice must be understood within its social and political context. The experience of India, where religious life is in profound tension with secular democratic commitment, offers a valuable perspective not only on questions of jurisprudence and political theory arising in countries where religion permeates the fabric of society, but also on the broader task of ensuring religious liberty in constitutional polities.

India's social structure is so entwined with religion, Jacobsohn emphasizes, that meaningful social reform presupposes state intervention in the spiritual domain. Hence India's "ameliorative" model of secular constitutionalism, designed to ameliorate the disabling effects of the caste system and other religiously based practices. Jacobsohn contrasts this with the "visionary" secularism of Israel, where the state identifies itself with a particular religion, and with America's "assimilative" secularism.

Constitutional globalization is as much a reality as economic globalization, Jacobsohn concludes, and within this phenomenon the place of religion in liberal democracy is among the most vexing challenges confronting us today. A richly textured account of the Indian experience with secularism, developed in a broad comparative framework, this book is for all those seeking ways to respond to this challenge.