The Impossibility Of Religious Freedom

Author: Winnifred Fallers Sullivan
Publisher: Princeton University Press
ISBN: 1400890330
Size: 32.24 MB
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The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.

Prison Religion

Author: Winnifred Fallers Sullivan
Publisher: Princeton University Press
ISBN: 1400830370
Size: 25.30 MB
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More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In Prison Religion, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. Americans United for the Separation of Church and State v. Prison Fellowship Ministries, a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. Prison Religion casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.

Varieties Of Religious Establishment

Author: Lori G. Beaman
Publisher: Routledge
ISBN: 1317002520
Size: 30.77 MB
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Advocacy for religious freedom has become a global project while religion, and the management of religion, has become of increasing interest to scholars across a wider range of disciplines. Rather than adopting the common assumption that religious freedom is simply incompletely realized, the authors in this book suggest that the starting point for understanding religion in public life today should be religious establishment. In the hyper-globalized world of the politics of religious freedom today, a focus on establishments brings into view the cultural assumptions, cosmologies, anthropologies, and institutions which structure religion and religious diversity. Leading international scholars from a diverse range of disciplines explore how countries today live with religious difference and consider how considering establishments reveals the limitations of universal, multicultural, and interfaith models of religious freedom. Examining the various forms religion takes in Tunisia, Canada, Taiwan, South Africa, and the USA, amongst others, this book argues that legal protections for religious freedom can only be understood in a context of socially and culturally specific constraints.

A Ministry Of Presence

Author: Winnifred Fallers Sullivan
Publisher: University of Chicago Press
ISBN: 022614559X
Size: 32.15 MB
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Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs. In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.

Equality Freedom And Religion

Author: Roger Trigg
Publisher: Oxford University Press
ISBN: 0199576858
Size: 47.11 MB
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How far should religious practices be curtailed in pursuit of other social goals, such as equality and the removal of discrimination? This book reasons that religious freedom is one of our most precious freedoms, and essential to democracy, drawing on examples from across the Western world.

Beyond Religious Freedom

Author: Elizabeth Shakman Hurd
Publisher: Princeton University Press
ISBN: 1400873819
Size: 29.53 MB
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In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome. Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between "expert religion," "governed religion," and "lived religion," Hurd charts new territory in the study of religion in global politics. A forceful and timely critique of the politics of promoting religious freedom, Beyond Religious Freedom provides new insights into today's most pressing dilemmas of power, difference, and governance.

The Production Of American Religious Freedom

Author: Finbarr Curtis
Publisher: NYU Press
ISBN: 1479843806
Size: 47.53 MB
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Americans love religious freedom. Few agree, however, about what they mean by either “religion” or “freedom.” Rather than resolve these debates, Finbarr Curtis argues that there is no such thing as religious freedom. Lacking any consistent content, religious freedom is a shifting and malleable rhetoric employed for a variety of purposes. While Americans often think of freedom as the right to be left alone, the free exercise of religion works to produce, challenge, distribute, and regulate different forms of social power. The book traces shifts in the notion of religious freedom in America from The Second Great Awakening, to the fiction of Louisa May Alcott and the films of D.W. Griffith, through William Jennings Bryan and the Scopes Trial, and up to debates over the Tea Party to illuminate how Protestants have imagined individual and national forms of identity. A chapter on Al Smith considers how the first Catholic presidential nominee of a major party challenged Protestant views about the separation of church and state. Moving later in the twentieth century, the book analyzes Malcolm X’s more sweeping rejection of Christian freedom in favor of radical forms of revolutionary change. The final chapters examine how contemporary controversies over intelligent design and the claims of corporations to exercise religion are at the forefront of efforts to shift regulatory power away from the state and toward private institutions like families, churches, and corporations. The volume argues that religious freedom is produced within competing visions of governance in a self-governing nation.

Secularism And Religion Making

Author: Markus Dressler
Publisher: Oxford University Press
ISBN: 0199911290
Size: 27.81 MB
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This book conceives of "religion-making" broadly as the multiple ways in which social and cultural phenomena are configured and reconfigured within the matrix of a world-religion discourse that is historically and semantically rooted in particular Western and predominantly Christian experiences, knowledges, and institutions. It investigates how religion is universalized and certain ideas, social formations, and practices rendered "religious" are thus integrated in and subordinated to very particular - mostly liberal-secular - assumptions about the relationship between history, politics, and religion. The individual contributions, written by a new generation of scholars with decisively interdisciplinary approaches, examine the processes of translation and globalization of historically specific concepts and practices of religion - and its dialectical counterpart, the secular - into new contexts. This volume contributes to the relatively new field of thought that aspires to unravel the thoroughly intertwined relationships between religion and secularism as modern concepts.

The Religious Roots Of The First Amendment

Author: Nicholas P. Miller
Publisher: Oxford University Press
ISBN: 0199942803
Size: 24.63 MB
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Traditional understandings of the genesis of the separation of church and state rest on assumptions about "Enlightenment" and the republican ethos of citizenship. In The Religious Roots of the First Amendment, Nicholas P. Miller does not seek to dislodge that interpretation but to augment and enrich it by recovering its cultural and discursive religious contexts--specifically the discourse of Protestant dissent. He argues that commitments by certain dissenting Protestants to the right of private judgment in matters of Biblical interpretation, an outgrowth of the doctrine of the priesthood of all believers, helped promote religious disestablishment in the early modern West. This movement climaxed in the disestablishment of religion in the early American colonies and nation. Miller identifies a continuous strand of this religious thought from the Protestant Reformation, across Europe, through the English Reformation, Civil War, and Restoration, into the American colonies. He examines seven key thinkers who played a major role in the development of this religious trajectory as it came to fruition in American political and legal history: William Penn, John Locke, Elisha Williams, Isaac Backus, William Livingston, John Witherspoon, and James Madison. Miller shows that the separation of church and state can be read, most persuasively, as the triumph of a particular strand of Protestant nonconformity-that which stretched back to the Puritan separatist and the Restoration sects, rather than to those, like Presbyterians, who sought to replace the "wrong" church establishment with their own, "right" one. The Religious Roots of the First Amendment contributes powerfully to the current trend among some historians to rescue the eighteenth-century clergymen and religious controversialists from the enormous condescension of posterity.

Essays On Religion And Human Rights

Author: David Little
Publisher: Cambridge University Press
ISBN: 110707262X
Size: 65.54 MB
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"This collection of essays by David Little addresses human rights in relation to the historical settings in which its language was drafted and adopted. Featuring five original essays, Little articulates his view that fascist practices before and during World War II vivified the wrongfulness of deliberately inflicting severe pain, injury, and destruction for self-serving purposes and that the human rights corpus, developed in response, was designed to outlaw all practices of arbitrary force. He contends that while there must be an accountable human rights standard, it should guarantee latitude for the expression and practice of beliefs, consistent with outlawing arbitrary force. Little details the theoretical grounds of the relationship between religion and human rights, and concludes with essays on US policy and the restraint of force in regard to terrorism. With a foreword by John Kelsey, this book is a capstone of the work of this influential writer on religion, philosophy, and law"--