When Free Exercise And Nonestablishment Conflict
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When Free Exercise and Nonestablishment Conflict
“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?
American Law in a Global Context
American Law in Global Context provides an overview of US law, focusing on subject areas that make the American legal system distinctive. This introductory text serves as a comprehensive and accessible guide to American legal structure, history, and theory for students of law and lawyers outside the US. The authors provide in-depth analyses of well-known cases to illustrate US law theory as well as practice.
Why Religious Freedom Matters for Democracy
Author: Myriam Hunter-Henin
language: en
Publisher: Bloomsbury Publishing
Release Date: 2020-06-11
Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.