Father Robert F. Drinan--priest, scholar, lawyer, politician, activist, and ethicist--has spent his life working to strengthen human rights. In this important book, Father Drinan explores the state of religious freedom worldwide, arguing that international law and legal institutions have not gone far enough to protect religious freedom. The international community, says Father Drinan, has been slow to recognize the urgent need of balancing the requirements of a pluralistic society with the demands of religious freedom. Despite numerous proclamations from the United Nations and from individual nations about the importance of religious freedom, says Father Drinan, there is still no covenant, legally binding instrument, or world tribunal to monitor freedom of religion. Drinan explores the status of religious freedom in certain Christian, Muslim, Jewish, and Communist societies whose doctrines may promote intolerance. And he asserts that the silence of international law allows nations to continue to punish persons who practice a faith viewed unfavorably by the government.

Almost everyone today affirms the importance and merit of religious liberty. But religious liberty is being challenged by new questions (for example, use of the niqab or church adoption services for same-sex couples) and new forces (such as globalization and Islamism). Combined, these make the meaning of religious liberty in the twenty-first century uncertain. This collection of essays by ten of the world's leading scholars on religious liberty takes aim at these issues. The book is arranged around five specific challenges to religious liberty today: the state's responsibility to prevent coercion and intimidation of believers by others within the same faith community; the US's basic moral responsibilities to promote religious liberty abroad; how to understand and apply the traditional right of conscientious objection in today's circumstances; the distinctive problems presented by globalization; and the viability today of an 'originalist' interpretation of the First Amendment religion clauses.

In The Crisis of Religious Liberty: Reflections from Law, History, and Catholic Social Thought, contributors consider a series of significant challenges to the freedom of religious conscience and expression in the United States today. Such challenges include the mandate from the U.S. Department of Health and Human Services concerning contraceptive, sterilization, and abortifacient coverage in health insurance plans; the question of health-care institutions requiring medical personnel to participate in morally objectionable procedures contrary to their religious beliefs; legal liability for individuals and businesses refusing on religious grounds to provide services for same-sex marriages; the prohibition on students from engaging in religious expression in public schools; the use of zoning laws to block Bible studies in private homes; and a variety of other issues that have surfaced in recent years with respect to religious freedom. While some argues that religious liberty extends no further than the freedom to worship, contributors suggest otherwise, noting that the exercise of religious liberty is greater than a highly restrictive definition of the notion of worship. The Crisis of Religious Liberty comprises eight chapters and an afterword that explore the nature and basis of religious freedom in terms of Catholic social thought. They cover such topics as the Catholic Church's teachings from the Vatican II's Dignatis Humanae (Declaration on Religious Liberty), the decline of a historic rapprochement among different religious perspectives in the United States in the face of an increasingly aggressive secularism, perspectives on religious liberty from the founding of America, and how the religious liberty situation in the U.S. compares with the rest of the world. The Crisis of Religious Liberty: Reflections from Law, History, and Catholic Social Thought should appeal to a variety of professionals as well as a scholars: lawyers and clergy, health care professionals and Catholic business owners, and researchers in the fields of religion, law, American politics, and sociology.

Virtually everyone supports religious liberty, and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society?This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young defenders of the traditional view of marriage.Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide services for same-sex weddings? But the conflicts are not limited to the LGBT-rights arena. And they implicate age-old questions about the role of government, the value of religion, and the challenges of living in a diverse and free society.The differences between Corvino and Anderson-Girgis, though nuanced, run deep. The debate between them is an important contribution to discussions about why religious liberty matters and what respecting it requires.

Using the metaphor of 'constitutional space', this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom. Freedom of Religion or Beliefwill be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom.

What is the status of religious freedom in the world today? What barriers does it face? What are the realistic prospects for improvement, and why does this matter? The Future of Religious Freedom addresses these critical questions by assembling in one volume some of the best forward-thinking and empirical research on religious liberty, international legal trends, and societal dynamics. Top scholars from law, political science, diplomacy, sociology, and religion explore the status, value, and challenges of religious liberty around the world - with illustrations from a wide range of historical situations, contemporary contexts, and constitutional regimes. With a thematic focus on the nature of religious markets and statecraft, the book surveys conditions in different regions, from the Muslim arc to Asia to Eastern Europe. It probes dynamics in both established and emerging democracies. It features up-to-date treatments of such pivotal nations as China, Russia, and Turkey, as well as illuminating new threats to conscience and religious autonomy in the United States and in kin countries of the English speaking world. Finally, it demonstrates the vital contribution of religious freedom to inter-religious harmony, thriving societies, and global security, and applies these findings to the momentous issue of advancing freedom and democracy in Islamic cultures.

Religious freedom has become an emblematic value in the West. Embedded in constitutions and championed by politicians and thinkers across the political spectrum, it is to many an absolute value, something beyond question. Yet how it emerged, and why, remains widely misunderstood. Tracing the history of religious persecution from the Fall of Rome to the present-day, Noel D. Johnson and Mark Koyama provide a novel explanation of the birth of religious liberty. This book treats the subject in an integrative way by combining economic reasoning with historical evidence from medieval and early modern Europe. The authors elucidate the economic and political incentives that shaped the actions of political leaders during periods of state building and economic growth.

This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom - liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - covering the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law, even if it needs judicious balancing with other fundamental rights and state interests.Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.

The Collected Works on Religious Liberty (5 volumes) comprehensively collects the scholarship, advocacy, and explanatory writings of leading scholar and lawyer Douglas Laycock, illuminating every major religious liberty issue from both theoretical and practical perspectives. / v. 1. Overviews and history -- v. 2. The free exercise clause -- v. 3. Religious Freedom Restoration Acts, same-sex marriage legislation, and the culture wars -- v. 4. Federal legislation after the Religious Freedom Restoration Act -- v. 5 The free speech and establishment clauses. Laycock clearly and carefully explains what the law is and argues for what the law should be. He also reviews the history of Western religious liberty from the American founding to Protestant-Catholic conflict in the nineteenth century, using this history to cast light on the meaning of our constitutional guarantees. / Collected Works on Religious Liberty is unique in the depth and range of its coverage. Laycock helpfully includes both scholarly articles and key legal documents, and unlike many legal scholars, explains them clearly and succinctly. All the while, he maintains a centrist perspective, presenting all sides, believers and nonbelievers alike, fairly.

The principal aim of the establishment and free exercise clauses of the First Amendment was to preclude congressional imposition of a national church. A balance was sought between states' rights and the rights of individuals to exercise their religious conscience. While the founding fathers were debating such issues, the potential for serious conflict was confined chiefly to variations among the dominant Christian sects. Today, issues of marriage, child bearing, cultural diversity, and corporate personhood, among others, suffuse constitutional jurisprudence, raising difficult questions regarding the nature of beliefs that qualify as 'religious', and the reach of law into the realm in which those beliefs are held. The essays collected in this volume explore in a selective and instructive way the intellectual and philosophical roots of religious liberty and contemporary confrontations between this liberty and the authority of secular law.

Over the last few years, Orthodox Jewish private schools, also known as yeshivas, have been under fire by a group of activists known as Young Advocates for Fair Education, run by several yeshiva graduates, who have criticized them for providing an inadequate secular education. At the heart of the yeshiva controversy lies two important interests in education: the right of the parent to choose an appropriate education, which may include values-laden religious education, and the right of each child to receive an appropriate education, as guaranteed by the state. These interests raise further questions. If preference is given to the former, how much freedom should be given to a parent in choosing an appropriate education? If the latter, how does the state define what constitutes an appropriate education or measure the extent to which an appropriate education has been achieved? And when can-or must-the state override the wishes of parents? The purpose of this book is to explore these difficult questions.

The freedom of religion is one of the oldest and most controversial of the claims that are recognized as forming part of the corpus of human rights. In this important and fascinating book Malcolm Evans provides a detailed account of the ways in which the freedom of religious belief came to be incorporated into the legislation of the countries of Europe. He goes on to examine the mechanisms by which this freedom is guaranteed, and a number of problematic cases which have recently been discussed in the Council of Europe. In a concluding section he outlines a number of developments which will influence the direction that the search for the protection of religious liberty under international law may take.

In recent years a series of highly publicized controversies has focused attention on what are arguably the sixteen most important words in the U.S. Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The ongoing court battles over the inclusion of the words "under God" in the Pledge of Allegiance, the now annual cultural quarrel over "Merry Christmas" vs. "Happy Holidays," and the political promotion of "faith-based initiatives" to address social problems all reflect competing views of the meaning of the religious liberty clauses of the First Amendment. Such disputes, as Bruce T. Murray shows, are nothing new. For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. In this book, he reexamines these debates and distills the volumes of commentary and case law they have generated. He analyzes not only the changing contours of religious freedom but also the phenomenon of American civil religion, grounded in the notion that the nation's purpose is sanctified by a higher authority, an idea that can be traced back to the earliest New England colonists and remains deeply ingrained in the American psyche. Throughout the book, Murray connects past and present, tracing the historical roots of contemporary controversies. He considers why it is that a country founded on the separation of church and state remains singularly religious among nations, and concludes by showing how the Supreme Court's thinking about the religious liberty clauses has evolved since the late eighteenth century.

Christianity Today Book Award of Merit in Politics and Public Life (2024) How to heal America's deep divisions by preserving religious liberty for all. As our political and social landscapes polarize along party lines, religious liberty faces threats from both sides. From antidiscrimination commissions targeting conservative Christians to travel bans punishing Muslims, recent litigation has revealed the selective approach both left and right take when it comes to freedom of religion. But what if religious liberty can help cure our political division? Drawing on constitutional law, history, and sociology, Thomas C. Berg shows us how reaffirming religious freedom cultivates the good of individuals and society. After explaining the features of polarization and the societal benefits of diverse religious practices, Berg offers practical counsel on balancing religious freedom against other essential values. Protecting Americans' ability to live according to their beliefs undergirds a healthy, pluralistic society--and this protection must extend to everyone, not just political allies. Lay readers and legal scholars who are weary of partisan quarreling will find Berg's case timely and compelling.

Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right's roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

Religious liberties are at the centre of many debates on how liberal democratic societies can accommodate diversity. This book considers the interaction between law and religion from a broad international, comparative and jurisprudential perspective and proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to religious rights. Not only does the discussion draw on the work of a range of legal and political philosophers including John Rawls, Ronald Dworkin and John Finnis, it also tests the validity of the various proposals against actual 'hard cases' derived from multiple jurisdictions. In so doing, the analysis overcomes longstanding challenges to existing religious rights regimes and identifies a new theoretical paradigm that specifically addresses the challenges associated with religiously pluralist societies. Through this type of interdisciplinary analysis, the book identifies a religio-legal system that both religious and non-religious people can support.