"Ambitious in scope, yet full of detailed and incisive criticisms
of specific cases and theological principles, "Getting Over
Equality" is an uncommon work of truly interdisciplinary
scholarship. The provocative legal and theological theses make it a
welcome addition to contemporary scholarship in both fields and a
recommended text from any course that considers law and religion in
the American context."--"The Journal of Religion"
Questions of religious freedom continue to excite passionate
public debate. Proposals involving school prayer and the posting of
the Ten Commandments in schools and courtrooms perennially spur
controversy. But there is also a sense that the prevailing
discourse is exhausted, that no one seems to know how to think
about religious freedom in a way that moves beyond our stale,
counterproductive thinking on this issue.
In Getting over Equality, Steven D. Smith, one of the most
important voices now writing about religious liberty, provocatively
contends that we must get over our presumptionmistakenly believed
to be rooted in the Constitutionthat all religions are equally true
and virtuous and "authentically American." Smith puts forth an
alternative view, that the courts should promote an ideal of
tolerance rather than equality and neutrality. Examining such
controversial examples as the animal sacrifice case, the peyote
case, and the problem of aid to parochial schools, Smith delineates
a way for us to tolerate and respect contrary creeds without
sacrificing or diluting our own beliefsand without pretending to
believe in a spurious "equality" among the variety of diverse
faiths.
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