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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.

Freedom of expression -- United States. --- Freedom of religion -- United States. --- Freedom of religion --- Law - U.S. --- Law, Politics & Government --- Constitutional Law - U.S. --- Freedom of expression

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Sociology of religion --- United States --- Church and state --- Freedom of religion --- Religion and law --- Church history --- Church and state - United States --- Freedom of religion - United States --- Religion and law - United States --- United States - Church history --- United States of America

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Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Religious studies --- United States --- Church and state --- Freedom of religion --- Freedom of religion - United States --- Church and state - United States --- Etats-Unis --- freedom of religion --- Church and State --- law and religion --- constitution

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Sociology of religion --- Sociology of minorities --- International relations. Foreign policy --- United States --- Church work with refugees. --- Church and state --- Ecclesiastical law --- War victims --- Humanitarianism. --- Freedom of religion --- United States. --- Legal status, laws, etc. --- Foreign relations --- 1945-1989 --- Humanism --- 20th century --- Church and state - United States. --- Ecclesiastical law - United States. --- War victims - Legal status, laws, etc. --- Freedom of religion - United States. --- United States of America

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Church and state --- Freedom of religion --- 322 --- Godsdienstige tolerantie. Godsdienstpolitiek --- 322 Godsdienstige tolerantie. Godsdienstpolitiek --- Church and state - Europe - Congresses. --- Freedom of religion - Europe - Congresses. --- Church and state - United States - Congresses. --- Freedom of religion - United States - Congresses. --- church autonomy --- the European Union --- freedom of religion --- freedom of belief --- law and religion --- state and church