By Scott A. Merriman Sr.
The courting among church and nation was once contentious lengthy ahead of the framers of the structure undertook the daring test of keeping apart the 2, sparking a debate that might rage for hundreds of years: what's the position of faith in government—and vice versa?
Religion and the legislations in America explores the numerous elements of this question, from prayer in public faculties to the addition of the word "under God" to the Pledge of Allegiance, from govt research of spiritual fringe teams to federal gives you for faith-based services of social prone. in additional than 250 A–Z entries, besides a sequence of extensive, thematic essays, it examines the teams, legislation, and lawsuits that experience framed this ongoing debate. via its cautious, balanced exploration of the interplay among govt and faith through the heritage of the us, the paintings offers all Americans—students, students, and lay readers alike—with a deep figuring out of 1 of the crucial, enduring concerns in our history.
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Extra resources for Religion and the Law in America: An Encyclopedia of Personal Belief and Public Policy
Example text
The Mormon Church later disowned the practice of polygamy and was allowed to reestablish itself as a religion, and in 1894 Congress gave back its remaining funds. The Supreme Court did not return to the freedom of religion until 1940, well after the First Amendment had been held to apply against the states in Gitlow v. New York, which was decided in 1925. In 1940 the case of Cantwell v. Connecticut tested the constitutionality of a breach of the peace statute that had been applied against Jesse Cantwell, a Jehovah’s Witness.
In the area of zoning, it holds that states cannot burden the free exercise of religion without a compelling interest, and even with such an interest the state must use the “least restrictive means” available. It holds that prisoners and others who are institutionalized (like those in nursing homes) have the right to the free exercise of religion. This differs from the RFRA in that it does not increase (at least arguably) the religious rights of people but just makes it more difficult for a state to infringe on them.
2000 2002 2003 Joe Lieberman, vice-presidential candidate on the Democratic ticket, is the first Jewish vicepresidential candidate. S. chaplain in clerical vestments. Congress uses a Protestant clergyman instead, as it always has. Congress also passes the Religious Land Use and Institutionalized Persons Act (RLUIPA), which aims to give more protection to religious organizations in their land use and to people who are in prison. It requires that the state and federal government demonstrate a compelling interest before imposing a substantial burden upon these two groups.