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      Free Exercise of Religion and the United States Constitution
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      Book

      Free Exercise of Religion and the United States Constitution

      DOI link for Free Exercise of Religion and the United States Constitution

      Free Exercise of Religion and the United States Constitution book

      The Supreme Court’s Challenge

      Free Exercise of Religion and the United States Constitution

      DOI link for Free Exercise of Religion and the United States Constitution

      Free Exercise of Religion and the United States Constitution book

      The Supreme Court’s Challenge
      ByMark P. Strasser
      Edition 1st Edition
      First Published 2018
      eBook Published 7 March 2018
      Pub. Location London
      Imprint Routledge
      DOI https://doi.org/10.4324/9781351258562
      Pages 168
      eBook ISBN 9781351258562
      Subjects Humanities, Law
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      Strasser, M.P. (2018). Free Exercise of Religion and the United States Constitution: The Supreme Court’s Challenge (1st ed.). Routledge. https://doi.org/10.4324/9781351258562

      ABSTRACT

      The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic.

      This book attempts to clarify what the Court has said in the hopes that it will contribute to the development of a more consistent and principled jurisprudence that respects the rights of the religious and the non-religious.

      TABLE OF CONTENTS

      chapter 1|21 pages

      Free exercise and the definition of religion

      chapter 2|14 pages

      Institutional autonomy and the ministerial exception

      chapter 3|17 pages

      Fighting wars and claims of conscience

      chapter 4|15 pages

      Early modern free exercise

      chapter 5|18 pages

      Free exercise becomes (more) chaotic

      chapter 6|16 pages

      The Smith revolution

      chapter 7|19 pages

      Corporate conscience

      chapter 8|23 pages

      Lower courts and the protection of religion

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