Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination.

Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.

The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century.

Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds.

In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary’s acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime—rooted in evangelical Protestantism—that would hold sway for the rest of the twentieth century.

Law and Religion in a Secular Age seeks to restore the connection between spirituality and justice, religion and law, theology and jurisprudence, and natural law and positive law by building a new bridge suitable for pluralistic societies in the secular age. The author argues for a multidimensional view of reality that includes legal, political, moral, and spiritual dimensions of human nature and society. Each of these dimensions of life needs to recognize the existence, influence, and function of the others, which act as a filter or check on the excesses of each other. This multidimensionality of reality clarifies why no legal theory can fully account for law from the legal dimension alone, just as no moral theory makes perfect sense of morality from the moral dimension—and, for that matter, nothing in physics can fully interpret the physical dimension of reality. The premises of a legal system cannot be fully explained by the legal dimension alone because the fundamental conditions and qualities of justice, freedom, and dignity touch all the dimensions of reality in which the human person acts, including the moral and the spiritual, not just the legal. Building on this multidimensional theory of reality, the author explores the core differences and the essential interconnections between law, morality, religion, and spirituality and some of the legal implications of these connections. Rafael Domingo reminds readers of the vital role of religion in shaping the conceptual framework of Western legal systems, underscores the spirit of Christianity that inspired legal institutions, principles, and values, and recalls the contributions of specific Christian jurists as central figures for the development of justice in society. Law and Religion in a Secular Age aims to be a valuable antidote against the dominant legal positivism that has cornered public morality, the defiant secularism that has marginalized religion, and any other legal doctrine that diminishes the spiritual dimension of law and justice.

Obeah, Orisa, and Religious Identity in Trinidad is an expansive two-volume examination of social imaginaries concerning Obeah and Yoruba-Orisa from colonialism to the present. Analyzing their entangled histories and systems of devotion, Tracey E. Hucks and Dianne M. Stewart articulate how these religions were criminalized during slavery and colonialism yet still demonstrated autonomous modes of expression and self-defense. In Volume I, Obeah, Hucks traces the history of African religious repression in colonial Trinidad through the late nineteenth century. Drawing on sources ranging from colonial records, laws, and legal transcripts to travel diaries, literary fiction, and written correspondence, she documents the persecution and violent penalization of African religious practices encoded under the legal classification of “obeah.” A cult of antiblack fixation emerged as white settlers defined themselves in opposition to Obeah, which they imagined as terrifying African witchcraft. These preoccupations revealed the fears that bound whites to one another. At the same time, persons accused of obeah sought legal vindication and marshaled their own spiritual and medicinal technologies to fortify the cultural heritages, religious identities, and life systems of African-diasporic communities in Trinidad.

Obeah, Orisa, and Religious Identity in Trinidad is an expansive two-volume examination of social imaginaries concerning Obeah and Yoruba-Orisa from colonialism to the present. Analyzing their entangled histories and systems of devotion, Tracey E. Hucks and Dianne M. Stewart articulate how these religions were criminalized during slavery and colonialism yet still demonstrated autonomous modes of expression and self-defense. In Volume II, Orisa, Stewart scrutinizes the West African heritage and religious imagination of Yoruba-Orisa devotees in Trinidad from the mid-nineteenth century to the present and explores their meaning-making traditions in the wake of slavery and colonialism. She investigates the pivotal periods of nineteenth-century liberated African resettlement, the twentieth-century Black Power movement, and subsequent campaigns for the civil right to religious freedom in Trinidad. Disrupting syncretism frameworks, Stewart probes the salience of Africa as a religious symbol and the prominence of Africana nations and religious nationalisms in projects of black belonging and identity formation, including those of Orisa mothers. Contributing to global womanist thought and activism, Yoruba-Orisa spiritual mothers disclose the fullness of the black religious imagination’s affective, hermeneutic, and political capacities.

This book presents an engaging collection of essays exploring "catholic" and "Catholic" perspectives on American law--catholic in their claims of universal truths, and Catholic in their grounding in the teachings of the Roman Catholic Church

A new constitutional world burst into American life in the mid-twentieth century. For the first time, the national constitution's religion clauses were extended by the United States Supreme Court to all state and local governments. As energized religious individuals and groups probed the new boundaries between religion and government and claimed their sacred rights in court, a complex and evolving landscape of religion and law emerged.

Sarah Gordon tells the stories of passionate believers who turned to the law and the courts to facilitate a dazzling diversity of spiritual practice. Legal decisions revealed the exquisite difficulty of gauging where religion ends and government begins. Controversies over school prayer, public funding, religion in prison, same-sex marriage, and secular rituals roiled long-standing assumptions about religion in public life. The range and depth of such conflicts were remarkable—and ubiquitous.

Telling the story from the ground up, Gordon recovers religious practices and traditions that have generated compelling claims while transforming the law of religion. From isolated schoolchildren to outraged housewives and defiant prisoners, believers invoked legal protection while courts struggled to produce stable constitutional standards. In a field dominated by controversy, the vital connection between popular and legal constitutional understandings has sometimes been obscured. The Spirit of the Law explores this tumultuous constitutional world, demonstrating how religion and law have often seemed irreconcilable, even as they became deeply entwined in modern America.

Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices.

To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.

In Western Creed, Western Identity, Jude P. Dougherty investigates the classical roots of Western culture and its religious sources in an effort to define its underlying intellectual and spiritual commitments.