Balancing respect for religious conviction and the values of
liberal democracy is a daunting challenge for judges and lawmakers,
particularly when religious groups seek exemption from laws that
govern others. Should members of religious sects be able to use
peyote in worship? Should pacifists be forced to take part in
military service when there is a draft, and should this depend on
whether they are religious? How can the law address the refusal of
parents to provide medical care to their children--or the refusal
of doctors to perform abortions? "Religion and the Constitution"
presents a new framework for addressing these and other
controversial questions that involve competing demands of fairness,
liberty, and constitutional validity.
In the first of two major volumes on the intersection of
constitutional and religious issues in the United States, Kent
Greenawalt focuses on one of the Constitution's main clauses
concerning religion: the Free Exercise Clause. Beginning with a
brief account of the clause's origin and a short history of the
Supreme Court's leading decisions about freedom of religion, he
devotes a chapter to each of the main controversies encountered by
judges and lawmakers. Sensitive to each case's context in judging
whether special treatment of religious claims is justified,
Greenawalt argues that the state's treatment of religion cannot be
reduced to a single formula.
Calling throughout for religion to be taken more seriously as a
force for meaning in people's lives, "Religion and the
Constitution" aims to accommodate the maximum expression of
religious conviction that is consistent with a commitment to
fairness and the public welfare.
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