Scholars agree that religion-clause jurisprudence is in disarray:
The Supreme Court is divided on the issue; religious lobbyists and
litigators aggressively pursue their often conflicting goals; and
novel pieces of church-state litigation are frequent news items.
Editor Paul J. Weber argues that a 25-year-old theory called strict
neutrality may provide a foundation on which a more compelling
theory of the First Amendment religion clauses can be developed.
Although superficially examined in a search for new approaches by
many law-review authors, very little serious analysis has been done
of strict neutrality/equal separation and little attempt has been
made to develop the concept. In Equal Separation, the pros and cons
of strict neutrality are argued by six outstanding scholars who
represent a challenging array of viewpoints; each critiques the
concept by focusing on a different perspective. Despite vigorous
disagreement over the conditions required for religious liberty and
nonestablishment and the means necessary to achieve them, each
author's dedication to the concepts is clearly manifested in this
volume. In the first chapter, Weber outlines a strict neutrality
thesis. The next three chapters enlarge upon criticisms that focus
on a defense of the free exercise of religion; offer a defense
against strict neutrality's assault on the establishment clause;
and contrast accommodation--pluralist theory--with strict
neutrality. The issue of strict neutrality and the schools is
addressed in Chapter 5, and an overview of the Court's development
of the concept of separation of church and state is presented in
Chapter 6. The editor's concluding chapter explores the criticisms
and defends thestrict neutrality/equal separation theory. This
volume will be of particular interest to constitutional scholars,
jurisprudents, and professors and students of law.
General
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