Free Exercise of Religion and the United States Constitution
The Supreme Court’s Challenge
Format:Paperback
Publisher:Taylor & Francis Ltd
Published:11th Nov '19
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- Hardback£145.00(9780815366898)
This book explores the inconsistencies in the Supreme Court's free exercise jurisprudence, aiming for a clearer understanding of religious protections under the Constitution.
The protections for conscience outlined in the United States Constitution are often perceived as strong, yet their application has varied significantly over time. The Supreme Court has frequently provided questionable justifications for this inconsistency, all while claiming to adhere to a single guiding principle. This paradox highlights the complexities surrounding the interpretation of religious freedoms in the U.S. legal system.
The United States is marked by a rich tapestry of religious beliefs, and individuals often find themselves grappling with the law in light of their sincere convictions. The First Amendment guarantees the free exercise of religion, leading to a multitude of Supreme Court decisions that delve into the nuances of these protections. Free Exercise of Religion and the United States Constitution examines the Court's jurisprudence, analyzing what constitutes religion and the varying degrees of protection afforded to different practices. Unfortunately, the lack of a clear and consistent framework has resulted in similar cases being treated in disparate ways.
This book aims to clarify the Supreme Court's stance on free exercise, striving to foster a more coherent and principled approach to jurisprudence. By addressing the inconsistencies and providing a comprehensive overview, Free Exercise of Religion and the United States Constitution hopes to contribute to a better understanding of the rights of both religious and non-religious individuals.
'Mark Strasser provides a fascinating and important analysis of the United States Supreme Court’s free exercise jurisprudence. He points out the Court’s failure to set and apply coherent standards, first under the Free Exercise Clause and later under RFRA. As a result, the lower courts have struggled to craft any sort of consistent doctrine under RFRA and under state RFRAs. Strasser explains that this works against accommodations for religious people and against those who oppose religious accommodation. This book is an important addition to the discussion of free exercise rights.'
Frank S. Ravitch, Michigan State University College of Law, USA
ISBN: 9780367893583
Dimensions: unknown
Weight: 310g
158 pages