Religious Freedom in America: Constitutional Roots and Contemporary Challenges

by Allen D. Hertzke (Editor), Kyle Harper (Preface by), Roger Finke (Contribution by), Steven K. Green (Contribution by), Charles C. Haynes (Contribution by)

Overview

All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the U.S. democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution—these are matters for heated debate. At a moment when such questions loom ever larger in the nation’s contentious politics and fraught policy-making process, this timely book offers invaluable historical, empirical, philosophical, and analytical insight into the American constitutional heritage of religious liberty.

As the contributors to this interdisciplinary volume attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the legacy of religious freedom, from the nation’s founding and the rise of public education, through the waves of immigration that added successive layers of diversity to American society. The social scientists discuss the swift, striking effects of judicial decision making and the battles over free exercise in a complex, bureaucratic society. Advocates remind us of the tensions abiding in schools and other familiar institutions, and of the major role minorities play in shaping free exercise under our constitutional regime. And the jurists emphasize that this is a messy area of constitutional law. Their work brings out the conflicts inherent in interpreting the First Amendment—tensions between free exercise and disestablishment, between the legislative and judicial branches of government, and along the complex and ever-shifting boundaries of religion, state, and society.

What emerges most clearly from these essays is how central religious liberty is to America’s civic fabric—and how, under increasing pressure from both religious and secular forces, this First Amendment freedom demands our full attention and understanding.

Product Details

ISBN-13:	9780806147079
Publisher:	University of Oklahoma Press
Publication date:	01/13/2015
Series:	Studies in American Constitutional Heritage , #1
Edition description:	First Edition
Pages:	288
Product dimensions:	5.90(w) x 8.90(h) x 0.60(d)

About the Author

Allen D. Hertzke is David Ross Boyd Professor of Political Science, and Faculty Fellow in Religious Freedom with the Institute for the American Constitutional Heritage, at the University of Oklahoma. He is the author of Freeing God’s Children: The Unlikely Alliance for Global Human Rights and editor of The Future of Religious Freedom: Global Challenges.


Kyle Harper is Senior Vice President and Provost and founding director of the Institute for the American Constitutional Heritage at the University of Oklahoma. He is author of Slavery in the Late Roman World, AD 275–425 and From Shame to Sin: The Christian Transformation of Sexual Morality.
 


Roger Finke is Professor of Sociology and Religious Studies at the Pennsylvania State University and Director of The Association of Religion Data Archives.


Steven K. Green is Fred H. Paulus Professor of Law and Director, Center for Religion, Law & Democracy, at Willamette University.


Charles C. Haynes is director of the Religious Freedom Center of the Newseum Institute in Washington, D.C. He writes and speaks extensively on religious liberty and religion in American public life.


Thomas S. Kidd is Professor of History at Baylor University and Senior Fellow at Baylor’s Institute for Studies of Religion.


Robert Martin is an Assistant Professor of Sociology at Southeastern Louisiana University.


Vincent Phillip Muñoz is the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame.


Rajdeep Singh joined the Sikh Coalition in December 2009 and serves as its Director of Law and Policy, in which position he focuses on developing and promoting policy solutions for civil rights issues through an interdisciplinary combination of government affairs, media relations, and interfaith coalition building.


Harry F. Tepker, Jr., is Floyd and Irma Calvert Chair in Law and Liberty and Professor of Law at the University of Oklahoma College of Law.


Asma T. Uddin is Counsel for the Becket Fund for Religious Liberty, Washington, D.C., and Founder and Editor-in-Chief of AltMuslimah.com, a web magazine dedicated to issues on gender and Islam.


Robin Fretwell Wilson is the Roger and Stephany Joslin Professor of Law and Director of the Program in Family Law and Policy at the University of Illinois College of Law.

Table of Contents

Preface
Kyle Harper
 
Introduction: A Madisonian Framework for Applying Constitutional Principles on Religion
Allen D. Hertzke
 
Part I. The Founding Moment and Constitutional Evolution

1. Jefferson, Madison, Henry, and the Context for Religious Liberty in Revolutionary America

Thomas S. Kidd

1. The Founding Fathers’ Competing Visions for the Proper Separation of Church and State

Vincent Phillip Muñoz

1. The First School Prayer Debate and Its Impact on Modern Church–State Doctrine

Steven K. Green
 
Part II. Societal Implications of Constitutional Principles

1. Defining and Redefining Religious Freedom: A Quantitative Assessment of Free Exercise Cases in the U.S. State Courts, 1981–2011

Robert R. Martin and Roger Finke

1. Religious Liberty in the Public Schools: Toward a Common Vision for the Common Good

Charles C. Haynes
 
Part III. Exploring Contemporary Challenges

1. The Erupting Clash between Religion and the State over Contraception, Sterilization, and Abortion

Robin Fretwell Wilson

1. In This Enlightened Age and Land of Equal Liberty: Implications of Equality for Religion and Marriage

Harry F. Tepker, Jr.

1. Sikh Americans, Popular Constitutionalism, and Religious Liberty

Rajdeep Singh

1. American Muslims, American Islam, and the American Constitutional Heritage

Asma T. Uddin

Editorial Reviews

With religious freedom under assault from various directions, this fine collection of essays could not be timelier.  Bringing historical, juridical, and social science perspectives to bear on contemporary challenges, the authors and editors point the way to a society in which diverse religions may not only peacefully coexist but flourish, and where no one is forced to choose between religious obligations and civic duties.”—Mary Ann Glendon Learned Hand Professor of Law, Harvard University


“As religious freedom becomes an increasingly contentious area of public law and policy, this volume offers an outstanding collection of essays on religious freedom and related church-state issues. Each carefully crafted essay stakes out a position—while giving due consideration to multiple and competing views. Scholars, students, judges, journalists, and anyone with a serious interest in the topic should put this volume at the top of their reading list.”— John J. DiIulio, Jr., Frederic Fox Leadership Professor of Politics, Religion, and Civil Society, University of Pennsylvania, and First Director, White House Office of Faith-Based and Community Initiatives

From the Publisher