Regulating Religion The Courts and the Free Exercise Clause

Jurisprudence regarding the free exercise of religion clause of the U.S. Constitution is in a state of confusion. A series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise has left the public legislators and the lower courts without clear directions. At present the trend is toward greater acceptance of government claims about the importance of regulation over religious practices. In this book Catharine Cookson challenges the wisdom of this judicial drift and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson proposes a casuistry-based method under which such conflicts would be treated as conflicts of principles. Demonstrating how this method should be applied Cookson focuses on the specific details of people's lives enabling the reader to see a claimed violation of religious freedom from the perspective of the community whose values are at stake.

Jurisprudence regarding the free exercise of religion clause of the U.S. Constitution is in a state of confusion. A series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise has left the public legislators and the lower courts without clear directions. At present the trend is toward greater acceptance of government claims about the importance of regulation over religious practices. In this book Catharine Cookson challenges the wisdom of this judicial drift and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson proposes a casuistry-based method under which such conflicts would be treated as conflicts of principles. Demonstrating how this method should be applied Cookson focuses on the specific details of people's lives enabling the reader to see a claimed violation of religious freedom from the perspective of the community whose values are at stake.

Alternative names:

• ISBN Regulating Religion ( The Courts and the Free Exercise Clause ) 288 pages English
• ISBN Regulating Religion ( The Courts and the Free Exercise Clause ) 288 pages English