The fourth edition was updated to include important new Supreme
Court cases on governmental prayer, reproductive healthcare rights,
the Religious Freedom Restoration Act (RFRA), and same-sex
marriage. The fourth edition continues the book's interdisciplinary
approach to law and religion, its student-friendly notes and
questions, and its inclusion of numerous non-Supreme Court cases
from a variety of state, federal, and international courts. The
chapters were reorganized to highlight the impact of the Court's
most recent cases on the subject matter of law and religion. The
first six chapters provide the foundational information about free
exercise, establishment, and RFRA: 1. Free Exercise of Religion
identifies the ever-increasing diversity of American religion
versus non-religion. It now includes United States v. Seeger, as a
lead conscientious objection case explaining what the Court means
by "religion." 2. Introduction to Establishment now includes the
Court's decision upholding government-sponsored prayer in Town of
Greece v. Galloway, and asks if Galloway will change all future
Establishment Clause analysis. 3. What is an Establishment of
Religion? examines older establishment precedents about religious
symbols and monuments, public funding of religion, and religious
speech in light of Galloway. The chapter also focuses on the
funding issue the Court will hear in the 2016 Term in Trinity
Lutheran Church v. Pauley, which asks if state bans on church
funding violate the federal Establishment Clause. 4: Constitutional
and Statutory Protection of Free Exercise provides extensive
coverage of the ramifications of the Court's RFRA decision, Hobby
Lobby, which accommodated for-profit businesses from providing
contraceptive benefits to their employees. 5: Conscience,
Complicity, and Conscientious Objection relates Hobby Lobby to the
Court's order searching a compromise between religious nonprofits
and the government in Zubik v. Burwell. This chapter explores
military, medical, and legal conscientious objection and analyzes
the increasing number of complicity claims faced by courts hearing
RFRA cases. It also includes the case of Kim Davis, the Kentucky
clerk who refused to issue marriage licenses to same-sex couples.
6: Conflicts between Individual and Institutional Religious Freedom
explores the Court's increasing protection of institutional over
individual religious freedom by looking at three topics: church
property disputes, employment discrimination, and torts. The
employment discrimination section now includes an overview of Title
VII's religious discrimination provisions and the Court's recent
decision interpreting them in EEOC v. Abercrombie and Fitch. The
chapter also explores in detail the repercussions of Hosanna-Tabor
v. EEOC, the ministerial-exception case that was brand new in the
third edition. The first six chapters provided the basics about
free exercise, establishment, and RFRA. Later chapters are more
specialized and can be assigned at the professor's discretion,
depending upon student interest. 7: RLUIPA: The Religious Land Use
and Institutionalized Persons Act. RLUIPA now has its own chapter,
which focuses on how the RFRA decisions studied in Chapters 4 and 5
will influence interpretation of RFRA's twin sister statute, which
applies to institutionalized persons (prisoners) and land use. 8:
Comparative Religious Freedom was completely revised. It now
includes cases from other countries that parallel the subjects
already studied in earlier chapters of the casebook. A section on
religious garb, including a Turkish case about hijab bans, recalls
Abercrombie. A section on blasphemy connects to the free
(religious) speech jurisprudence. Conscience receives extensive
treatment because it has become so important in U.S. law. Chapter 8
includes Bayatyan v. Armenia, in which the European Court of Human
Rights recognized a religious freedom right to military
conscientious objection for a Jehovah's Witness who objected to
military service. It also presents a British case similar in
reasoning to the Kentucky clerk's case, Miller v. Davis. And it
introduces a case that has been described as "Australia's Hobby
Lobby." Thus we consider the role of religious exemptions in
international law. 9: Religion and Politics now focuses on same-sex
marriage instead of stem-cell research, exploring the role that
presidents' and justices' religion played in the marriage equality
discussion. The majority opinion and dissents from Obergefell v.
Hodges are highlighted; all the justices' opinions referred to
religion. The tax section was updated to examine the repercussions
of Pulpit Freedom Sunday for tax law's restrictions on political
activity. 10: Teaching about Religion and Science includes new
efforts to add religion classes and remove evolution from public
schools. 11: The Old and New Law of Religion still contrasts the
Court's treatment of the traditional Amish faith in Yoder with
updated information about the Nones' religious identity and
political activity.
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