In December 1981, when the American Civil Liberties Union challenged the Nativity scene in the Christmas display put on by the city of Pawtucket, Rhode Island, an emotional controversy erupted. Two federal courts disallowed the crèche because its religious impact in the taxpayer-supported display overstepped the constitutional boundary between church and state. In March 1984, the United States Supreme Court by a 5-4 vote in Lynch V. Donnelly overruled the lower courts, deciding that in the predominantly secular context of Pawtucket’s display, the purpose and effect of the Nativity scene was not to promote religion, but only to acknowledge the spirit of the holiday season. The Christ Child Goes to Court traces the judicial history of a case that lasted more than two years and explores its implications for future issues concerning the relationship between religion and government.
Wayne R. Swanson describes how this compelling constitutional issue polarized public opinion in Rhode Island and generated "unimaginable vilification" of the Roman Catholic judge who first ordered the crèche removed. He reports the reactions of local citizens, which echoed the national debate on this issue. By carefully documenting the case’s trek through the judiciary, Swanson illustrates the workings of the judicial process in the United States, the political nature of the courts, and how their interpretation of the Constitution helps to shape the development of public policy.
An important conclusion of this critical examination of the courts’ approach to a controversial church-state question is that judicial decisions are usually interim in nature and often lead to imperfect solutions. Lynch V. Donnelly did not solve the problems posed by government-supported Nativity scenes or other religious symbols. The controversy lives on and the courts continue to struggle with one of the most difficult First Amendment problems.
Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate.
The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity.
Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.
Of the seven sacraments of the Roman Catholic Church, matrimony is the most discussed, debated, disputed, and adjudicated in all of canon law. In this book, Brendan Killeen employs the fundamental question “What brings a marriage into existence?” as the legal and scholarly means to explore the very nature of marriage within the framework of the canon law of the Catholic Church.
Killeen conducts his exploration in two phases. First he scrutinizes the canon law’s primary sources—texts dating as far back as the Roman Empire—and gives readers a fresh perspective of the law’s historical progression. He then examines the papers from the Second Vatican Council and offers both an objective evaluation of the law at present and some possible amendments for its future.
Noteworthy for its diligent research and in-depth analysis, What Brings a Marriage into Existence? will be useful to both newcomers to the canon law of marriage as well as seasoned scholars.
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2024
The University of Chicago Press