‘Government in our democracy, state and national, must be neutral in matters of religious theory, doctrine, and practice… The First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion.’
So Justice Abraham Fortas declared in delivering …
A squirearchy of deists, agnostics, and closeted atheists, the American founders erected a wall of separation between church and state to preserve their fledgling republic from the tyranny of an established church. But debating these points is inconsequential: after all, …
In Why Tolerate Religion? Brian Leiter, author of the Leiter Reports blog and a law professor at the University of Chicago who has an interest in philosophy, asks why Western democracies have sought to promote and protect religion—and religious liberty—in …
Even for someone outside the world of legal academics, it was an extraordinarily interesting week at the Supreme Court. I found two of this week’s decisions particularly intriguing. The one I will discuss in this post, Knox v. SEIU, signals …
Professor Epstein argues that all textual constitutional rights — most particularly, those pertaining to contracts, property, speech, and religion — should be protected by the same regime. This argument has intuitive appeal, but he does not defend it, at least …
It is now commonly understood that all areas of constitutional law consist of an uneasy amalgam between explicit constitutional guarantees on the one hand and the implied limitations on those guarantees on the other. The textual guarantees are extended to …
On Friday, January 27, 2011, the Sixth Circuit Court of Appeals handed down an important victory for religious liberty on public university campuses in a lawsuit the Alliance Defense Fund brought against Eastern Michigan University (EMU) on behalf of Julea …
The Sacred Rights of Conscience provides students and scholars a rich collection of primary sources that illuminate the discussions and debates about religious liberty in the American founding era. This compilation of primary documents provides a thorough and balanced examination of the evolving relationship between public religion and American culture, from pre-colonial biblical and European sources to the early nineteenth century, to allow the reader to explore the social and political forces that defined the concept of religious liberty and shaped American church-state relations.
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