Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.

The response of states to demands for free exercise of religion or belief varies greatly across the world. In some places, religions come as close as imaginable to autonomous existences with little interference from government. In other cases religion finds itself grinding out a meagre living, if at all, under the jealously watchful eye of the state. This book provides a legal and normative overview of the variety of responses to minority religions available to states. Exploring case studies ranging from Islamic regions such as Indonesia, Pakistan, and the wider Middle East, to Western Europe, Eastern Europe, China, Russia, Canada, and the Baltics, contributors include international scholars and experts in law, sociology, religious studies, and political science. This book offers invaluable perspectives on how minority religions are currently being received, reviewed, challenged, or ignored in different parts of the world.

Exploring cases in different parts of the world, this book offers a practical insight for understanding the relations of NRMs and other minority religions and the law from the perspective of legal cases. Including contributions from scholars, legal practitioners, actual or former members, this book presents an objective approach to understanding why so many legal actions have involved NRMs and other minority faiths in recent years in western societies, and the consequences of those actions for the society and the religious group as well.

"Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion, and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of Religion and the Law, New Religious Movements, Minority Religions and the Sociology of Religion"--

This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court’s case law dealing with religious minority claims (exploring their clarity and consistency – or lack thereof – and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage ‘nationally’ and ‘culturally’ sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court’s religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level. The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.

How secular governance in the Middle East is making life worse—not better—for religious minorities The plight of religious minorities in the Middle East is often attributed to the failure of secularism to take root in the region. Religious Difference in a Secular Age challenges this assessment by examining four cornerstones of secularism—political and civil equality, minority rights, religious freedom, and the legal separation of private and public domains. Drawing on her extensive fieldwork in Egypt with Coptic Orthodox Christians and Bahais—religious minorities in a predominantly Muslim country—Saba Mahmood shows how modern secular governance has exacerbated religious tensions and inequalities rather than reduced them. Tracing the historical career of secular legal concepts in the colonial and postcolonial Middle East, she explores how contradictions at the very heart of political secularism have aggravated and amplified existing forms of Islamic hierarchy, bringing minority relations in Egypt to a new historical impasse. Through a close examination of Egyptian court cases and constitutional debates about minority rights, conflicts around family law, and controversies over freedom of expression, Mahmood invites us to reflect on the entwined histories of secularism in the Middle East and Europe. A provocative work of scholarship, Religious Difference in a Secular Age challenges us to rethink the promise and limits of the secular ideal of religious equality.

Focusing on the situation of both Muslim and non-Muslim religious minorities in the Middle East, this volume offers an analysis of various strategies of resilience and accommodation from a historical as well a contemporary perspective.

How minority religions and the Constitution accommodate each other. What happens when a minority religious group's beliefs run counter to the laws and principles of the American constitution? How do Americans reconcile the conflicting demands of church and state? In The Americanization of Religious Minorities, Eric Michael Mazur recounts the experiences of Jehovah's Witnesses, Mormons, and Native Americans as cases in which minority religious groups seek to practice their faith in a constitutional order that recognizes a higher authority different from, and sometimes incompatible with, their own. Mazur identifies three basic strategies these minority religious groups can follow: establishing a separate peace; accommodating their theology to political realities; and engaging in sustained conflict. He shows that, in order to practice its faith without hindrance from the law, a member of a religious minority must somehow buy into the principles and values of America's constitutional government. He also concludes that the closer a minority's beliefs are to Protestant Christianity, the easier the accommodation. Throughout, Mazur emphasizes the experience of religious minorities in dealing with this problem. A fascinating investigation of religious groups' right to practice their faith, The Americanization of Religious Minorities will be of interest to students and scholars of American religion, American politics, and sociology. "[I believe] the First Amendment represents the gift with the greatest potential to be given by this country to the world. But I also believe it is a promise that, like the messiah, is always coming but never here. We must understand what we have done to others who have faced the dilemma of being religious minorities in this culture so that we can better understand the limits, and the potential, of our hopes for greater religious freedom."—from the Preface "It has long been accepted that no freedom is absolute, but we do not often examine the implicit boundaries set on religious freedom or think about the ramifications for religious communities that—for any number of reasons—do not consider themselves, or are not considered by others, part of the mainstream. Part of the value of this analysis rests in its exploration of how minority religious communities balance the desire to join the dominant culture, on the one hand, with the sometimes conflicting desire to maintain a particularistic community identity, on the other."—from the Introduction

Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.

Describes the "peyote case," in which Klamath Indian Al Smith, an alcohol and drug abuse counselor, was fired for distributing peyote as part of a Native American religious ritual, and examines the constitutional issues the case raised.