Expert narrative describes and analyzes the religious freedom issues that have occupied the Supreme Court's attention in recent decades and exploded into public debate in recent years. The text explains principles and analyzes categories of cases using a framework based on three fundamental values: choice in religious matters, equality of treatment, and separation of church and state. Provides historical perspective and explains how the First Amendment's Establishment Clause and Free Exercise Clause interact. Also analyzes legislative provisions on religious freedom, which have caused widespread controversy in recent years, as well as state constitutional provisions. Useful for law students, practitioners, and interested laypersons.


Imprint: West Academic Publishing
Series: Nutshells
Publication Date: 08/29/2016
Related Subject(s): First Amendment

Thomas C. Berg, University of St. Thomas-MN School of Law

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  • Twelve years of Supreme Court and lower court decisions since the last edition: specifically, multiple decisions on the free exercise of religion, government religious displays (Ten Commandments and memorial crosses), prayers at city council meetings, state-level restrictions on government aid to religious education, etc.
  • Especially significant new issues and public debate in the area of free exercise of religion: the Obama Administration's contraception mandate, clashes between GLBT rights and religious objectors, controversies over religious freedom legislation proposed in various states
  • The increase in the number of religious non-adherents ("nones") and how this influences debates over special treatment of religion under the First Amendment

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