I do not believe that religion is an obsolete constitutional category. But I do believe that the holdings in United States v. Seeger and Welsh v. United States, the Vietnam-era draft cases that extended conscientious objector status to individuals invoking nonreligious claims, were correct. Can I consistently embrace both propositions? I think I can. My argument, in brief, is that religion is indeed special. But when we understand what it is about religion that warrants both distinctive privileges and distinctive burdens, we will see that some other systems of belief track these features of religion closely enough to warrant comparable treatment. Still, religion is the exemplary core of the genus of such beliefs
Manifestation of belief is a key component of religious freedom, however in modern pluralist states ...
Religion is often singled out for special legal treatment in Western societies. This is certainly tr...
This article focuses on the relationship between freedom of religion and the norm against non-establ...
So these are some reasons why political theory might dictate that religious dissenters be accommodat...
Because federal and state constitutions forbid government from infringing upon religious liberty or ...
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercis...
Because federal and state constitutions forbid government from infringing upon religious liberty or ...
In recent decades, religion\u27s traditional distinctiveness under the First Amendment has been chal...
In recent decades, religion\u27s traditional distinctiveness under the First Amendment has been chal...
Advocates of religious exemptions and religious priority often stake their case on the belief that r...
Advocates of religious exemptions and religious priority often stake their case on the belief that r...
A year and a half ago an article of mine was published on religion as a concept in constitutional la...
Leading accounts of the First Amendment\u27s Religion Clauses fail to provide a coherent and morally...
This essay examines two trends in modern church-state law. Parts I and II review the history of the...
There appears to be an intractable debate between those who favor religious accommodations and those...
Manifestation of belief is a key component of religious freedom, however in modern pluralist states ...
Religion is often singled out for special legal treatment in Western societies. This is certainly tr...
This article focuses on the relationship between freedom of religion and the norm against non-establ...
So these are some reasons why political theory might dictate that religious dissenters be accommodat...
Because federal and state constitutions forbid government from infringing upon religious liberty or ...
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercis...
Because federal and state constitutions forbid government from infringing upon religious liberty or ...
In recent decades, religion\u27s traditional distinctiveness under the First Amendment has been chal...
In recent decades, religion\u27s traditional distinctiveness under the First Amendment has been chal...
Advocates of religious exemptions and religious priority often stake their case on the belief that r...
Advocates of religious exemptions and religious priority often stake their case on the belief that r...
A year and a half ago an article of mine was published on religion as a concept in constitutional la...
Leading accounts of the First Amendment\u27s Religion Clauses fail to provide a coherent and morally...
This essay examines two trends in modern church-state law. Parts I and II review the history of the...
There appears to be an intractable debate between those who favor religious accommodations and those...
Manifestation of belief is a key component of religious freedom, however in modern pluralist states ...
Religion is often singled out for special legal treatment in Western societies. This is certainly tr...
This article focuses on the relationship between freedom of religion and the norm against non-establ...