The second edition of Religious Liberty in a Pluralistic Society offers the same structure and thorough coverage of the law of religious liberty as the first edition, along with a new conceptual framework for approaching the religious liberty jurisprudence of the Supreme Court. The first four chapters offer a history of law and religion in the United States that extends from the framing of the Constitution to the early 1920s. Chapters Six through Thirteen examine the statute and case law governing religious liberty in a variety of settings and areas of law, including education, the workplace, tax, the courtroom, property, and the corporate boardroom. The few pronouncements of the United States Supreme Court in each of these areas serve as the anchors for thorough examination of the law of religious liberty in the state and lower federal courts. Ariens and Destro have reorganized Chapter Five, which examines the Supreme Court's efforts to craft a constitutional law of religious liberty since the 1940s. The new conceptual framework is based on the language and structure of the First Amendment, and is designed to help the reader understand and apply the rules the Court has developed in this important area of constitutional law. New in the notes to Chapter Five are references to comparative and international materials. The materials are updated through 2001, and a number of cases are more tightly edited than in the first edition. A revised teacher's manual with sample course outlines and problems will be available.

Christians are often thought of as defending only their own religious interests in the public square. They are viewed as worrying exclusively about the erosion of their freedom to assemble and to follow their convictions, while not seeming as concerned about publicly defending the rights of Muslims, Hindus, Jews, and atheists to do the same. Andrew T. Walker, an emerging Southern Baptist public theologian, argues for a robust Christian ethic of religious liberty that helps the church defend religious freedom for everyone in a pluralistic society. Whether explicitly religious or not, says Walker, every person is striving to make sense of his or her life. The Christian foundations of religious freedom provide a framework for how Christians can navigate deep religious difference in a secular age. As we practice religious liberty for our neighbors, we can find civility and commonality amid disagreement, further the church's engagement in the public square, and become the strongest defenders of religious liberty for all. Foreword by noted Princeton scholar Robert P. George.

What do Hobby Lobby, InterVarsity Christian Fellowship, Wheaton College, World Vision, the Little Sisters of the Poor, and the University of Notre Dame have in common? All are faith-based organizations that have faced pressure to act in ways contrary to their religious beliefs. In this book, two policy experts show how faith-based groups--those active in the educational, healthcare, international aid and development, and social service fields--can defend their ability to follow their religiously based beliefs without having to jettison the very faith and faith-based practices that led them to provide services to those in need. They present a pluralist vision for religious freedom for faith-based organizations of all religious traditions. The book includes case studies that document the challenges faith-based organizations face to freely follow the practices of their religious traditions and analyzes these threats as originating in a common, yet erroneous, set of assumptions and attitudes prevalent in American society. The book also includes responses by diverse voices--an Orthodox Jew, a Roman Catholic, two evangelicals, two Islamic leaders, and an unbeliever who is a religious-freedom advocate--underscoring the importance of religious freedom for faith-based organizations.

In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.

When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.

Based on a symposium held in Istanbul, Turkey.

Underlying the many crises in American life, writes Richard John Neuhaus, is a crisis of faith. It is not enough that more people should believe or that those who believe should believe more strongly. Rather, the faith of persons and communities must be more compellingly related to the public arena. "The naked public square"--which results from the exclusion of popular values from the public forum--will almost certainly result in the death of democracy. The great challenge, says Neuhaus, is the reconstruction of a public philosophy that can undergird American life and America's ambiguous place in the world. To be truly democratic and to endure, such a public philosophy must be grounded in values that are based on Judeo-Christian religion. The remedy begins with recognizing that democratic theory and practice, which have in the past often been indifferent or hostile to religion, must now be legitimated in terms compatible with biblical faith. Neuhaus explores the strengths and weaknesses of various sectors of American religion in pursuing this task of critical legitimation. Arguing that America is now engaged in an historic moment of testing, he draws upon Protestant, Catholic, and Jewish thinkers who have in other moments of testing seen that the stakes are very high--for America, for the promise of democratic freedom elsewhere, and possibly for God's purpose in the world. An honest analysis of the situation, says Neuhaus, shatters false polarizations between left and right, liberal and conservative. In a democratic culture, the believer's respect for nonbelievers is not a compromise but a requirement of the believer's faith. Similarly, the democratic rights of those outside the communities of religious faith can be assured only by the inclusion of religiously-grounded values in the common life. The Naked Public Square does not offer yet another partisan program for political of social change. Rather, it offers a deeply disturbing, but finally hopeful, examination of Abraham Lincoln's century-old question--whether this nation or any nation so conceived and so dedicated can long endure.

The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value, Meyerson concludes. Now it is for us to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.

This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts (RFRAs), anti-discrimination law, and age-old questions about identity, morality, and society.