Description
Book SynopsisShould members of religious sects be able to use peyote in worship? How can the law address the refusal of parents to provide medical care to their children or the refusal of doctors to perform abortions? This title presents a framework for addressing such questions that involve competing demands of fairness, liberty, and constitutional validity.
Trade ReviewOne of Choice's Outstanding Academic Titles for 2006 "Kent Greenawalt is a masterful guide to the range of issues and varied sources concerning free exercise, and teachers and scholars of constitution law will find his book an invaluable resource on free exercise questions."--L. Joseph Hebert, Law and Politics Book Review "Kent Greenawalt's latest masterwork ... is written with elegance, power, and lucidity--and filled with the kind of wit, wisdom, and Wissenschaft that [his] readers have come to expect."--John Witte, Jr., Constitutional Commentary "[A] comprehensive resource and guide to a wide range of free exercise issues and an incisive reminder of the challenges in interdisciplinary discourse."--Annika Thiem, Law, Culture and the Humanities "Kent Greenawalt argues for taking religion more seriously as a source of meaning in people's lives and accommodating religious freedom to the maximum amount that is consistent with a commitment to fairness."--Law & Social Inquiry
Table of ContentsPreface ix CHAPTER 1: Introduction 1 CHAPTER 2: History and Doctrine 11 CHAPTER 3: Freedom from Compelled Profession of Belief, Adverse Targeting, and Discrimination 35 CHAPTER 4: Conscientious Objection to Military Service 49 CHAPTER 5: Religious Exemptions and Drug Use 68 CHAPTER 6: Free Exercise Objections to Educational Requirements 86 CHAPTER 7: Sincerity 109 CHAPTER 8: Saying What Counts as Religious 124 CHAPTER 9: Controlled Environments: Military and Prison Life 157 CHAPTER 10: Indirect Impingements: Unemployment Compensation 172 CHAPTER 11: Sunday Closing Laws and Sabbatarian Business Owners 184 CHAPTER 12: Government Development of Sacred Property 192 CHAPTER 13: Difficult Determinations: Burden and Government Interest 201 CHAPTER 14: Land Development and Regulation 233 CHAPTER 15: Confidential Communications with Clergy 246 CHAPTER 16: Settling Disputes over Church Property 261 CHAPTER 17: Wrongs and Rights of Religious Association: The Limits of Tort Liability for Religious Groups and Their Leaders 290 CHAPTER 18: Employment Relations: Ordinary Discrimination and Accommodation 326 CHAPTER 19: Employment Relations: Harassment 359 CHAPTER 20: Rights of Religious Associations: Selectivity 377 CHAPTER 21: Medical Procedures 396 CHAPTER 22: Child Custody 421 CHAPTER 23: Conclusion (and Introduction) 439 Index 445
