Cases On Church And State In The United States

Church and state issues are in the news now more than ever before. Political and religious leaders alike are negotiating shaky ground as they balance their religious/moral and political perspectives with their roles as leaders. New technologies push the boundaries of moral consensus by creating new controversies such as those involving stem-cell research and medical measures to sustain or end the lives of the terminally ill. The Supreme Court continues to work to clarify the fuzzy line between religion and politics as it addresses cases regarding abortion, school prayer, and the Pledge of Allegiance, among other issues. Further controversies only lead to further divisions among Americans. Church and state issues are in the news now more than ever before. Political and religious leaders alike are negotiating on shaky ground as they balance their religious/moral and political perspectives with their roles as leaders. New technologies push the boundaries of moral consensus by creating new controversies such as those involving stem-cell research and medical measures to sustain or end the lives of the terminally ill. The Supreme Court continues to work to clarify the fuzzy line between religion and politics as it addresses cases regarding abortion, school prayer, and the Pledge of Allegiance, among other issues. Further controversies only lead to further divisions among Americans. At the beginning of the 21st century, there are as many interpretations of this separation as there are interpretations of particular issues such as abortion or school vouchers. This three-volume collection summarizes the history and current status of issues involving the separation of church and state through chapters examining the backgrounds, relevant constitutional concerns, and variety of perspectives on specific controversies. Framed by a general discussion of the history of the separation between church and state and through careful attention to subjects such as capital punishment, gay marriage, and clergy support of political leaders, there emerges an incredibly complex, enlightening, and provocative picture for anyone with an interest in the unique nature of religion in the United States of America.

Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.

21 essays present a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within 5 main areas: history, politics, sociology theology/philosophy and law.

"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--

Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.

“I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)

This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.