front cover of Disability Rights and Religious Liberty in Education
Disability Rights and Religious Liberty in Education
The Story behind Zobrest v. Catalina Foothills School District
Bruce J. Dierenfield and David A. Gerber
University of Illinois Press, 2020
In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA).

Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.

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Exporting Freedom
Religious Liberty and American Power
Anna Su
Harvard University Press, 2016

Religious freedom is widely recognized today as a basic human right, guaranteed by nearly all national constitutions. Exporting Freedom charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power.

Anna Su traces America’s exportation of religious freedom in various laws and policies enacted over the course of the twentieth century, in diverse locations and under a variety of historical circumstances. Influenced by growing religious tolerance at home and inspired by a belief in the United States’ obligation to protect the persecuted beyond its borders, American officials drafted constitutions as part of military occupations—in the Philippines after the Spanish-American War, in Japan following World War II, and in Iraq after 2003. They also spearheaded efforts to reform the international legal order by pursuing Wilsonian principles in the League of Nations, drafting the United Nations Charter, and signing the Helsinki Accords during the Cold War. The fruits of these labors are evident in the religious freedom provisions in international legal instruments, regional human rights conventions, and national constitutions.

In examining the evolution of religious freedom from an expression of the civilizing impulse to the democratization of states and, finally, through the promotion of human rights, Su offers a new understanding of the significance of religion in international relations.

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On Religious Liberty
Roger Williams
Harvard University Press

Banished from the Massachusetts Bay Colony for his refusal to conform to Puritan religious and social standards, Roger Williams established a haven in Rhode Island for those persecuted in the name of the religious establishment. He conducted a lifelong debate over religious freedom with distinguished figures of the seventeenth century, including Puritan minister John Cotton, Massachusetts governor John Endicott, and the English Parliament.

James Calvin Davis gathers together important selections from Williams’s public and private writings on religious liberty, illustrating how this renegade Puritan radically reinterpreted Christian moral theology and the events of his day in a powerful argument for freedom of conscience and the separation of church and state. For Williams, the enforcement of religious uniformity violated the basic values of Calvinist Christianity and presumed upon God’s authority to speak to the individual conscience. He argued that state coercion was rarely effective, often causing more harm to the church and strife to the social order than did religious pluralism.

This is the first collection of Williams’s writings in forty years reaching beyond his major work, The Bloody Tenent, to include other selections from his public and private writings. This carefully annotated book introduces Williams to a new generation of readers.

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On Religious Liberty
Selections from the Works of Roger Williams
Roger Williams
Harvard University Press, 2012

Banished from the Massachusetts Bay Colony for his refusal to conform to Puritan religious and social standards, Roger Williams established a haven in Rhode Island for those persecuted in the name of the religious establishment. He conducted a lifelong debate over religious freedom with distinguished figures of the seventeenth century, including Puritan minister John Cotton, Massachusetts governor John Endicott, and the English Parliament.

James Calvin Davis gathers together important selections from Williams’s public and private writings on religious liberty, illustrating how this renegade Puritan radically reinterpreted Christian moral theology and the events of his day in a powerful argument for freedom of conscience and the separation of church and state. For Williams, the enforcement of religious uniformity violated the basic values of Calvinist Christianity and presumed upon God’s authority to speak to the individual conscience. He argued that state coercion was rarely effective, often causing more harm to the church and strife to the social order than did religious pluralism.

This is the first collection of Williams’s writings in forty years reaching beyond his major work, The Bloody Tenent, to include other selections from his public and private writings. This carefully annotated book introduces Williams to a new generation of readers.

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Religious Liberty and the American Founding
Natural Rights and the Original Meanings of the First Amendment Religion Clauses
Vincent Phillip Muñoz
University of Chicago Press, 2022
An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom.
 
The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty.  

Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.
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Religious Liberty in America
The First Amendment in Historical and Contemporary Perspective
Bruce T. Murray
University of Massachusetts Press, 2008
In recent years a series of highly publicized controversies has focused attention on what are arguably the sixteen most important words in the U.S. Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The ongoing court battles over the inclusion of the words "under God" in the Pledge of Allegiance, the now annual cultural quarrel over "Merry Christmas" vs. "Happy Holidays," and the political promotion of "faith-based initiatives" to address social problems—all reflect competing views of the meaning of the religious liberty clauses of the First Amendment.

Such disputes, as Bruce T. Murray shows, are nothing new. For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. In this book, he reexamines these debates and distills the volumes of commentary and case law they have generated. He analyzes not only the changing contours of religious freedom but also the phenomenon of American civil religion, grounded in the notion that the nation's purpose is sanctified by a higher authority—an idea that can be traced back to the earliest New England colonists and remains deeply ingrained in the American psyche.

Throughout the book, Murray connects past and present, tracing the historical roots of contemporary controversies. He considers why it is that a country founded on the separation of church and state remains singularly religious among nations, and concludes by showing how the Supreme Court's thinking about the religious liberty clauses has evolved since the late eighteenth century.
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To Contest with All the Powers of Darkness
New England Baptists, Religious Liberty, and New Political Landscapes, 1740–1833
Jacob E. Hicks
University of Tennessee Press, 2024
In this new history of the New England Baptists, Jacob E. Hicks teases out the social and political contexts that transformed “rustic” young men like John Leland not only into volunteers for Christ—as wide-roving preachers in the mold of George Whitefield—but also into influential opinion leaders, media entrepreneurs, networkers, and lobbyists in the contentious First Party era of the Early Republic.

Baptist leaders like Isaac Backus, Noah Alden, Samuel Stillman, John Leland, Jonathan Going, and Luther Rice exploited their church-based ministerial training in public speaking, conflict resolution, and intra-denominational networking to become political organizers. With significant gains in the formation of the Warren Association (1767), the Backus-led Grievance Committee (1769), and Leland’s formative experience in the campaign to disestablish Virginia (1780s), the Baptists allied themselves with the rising Democratic-Republican Party, touching off a coalition of anti-Federalist politics and evangelical religion that, while not directly disestablishing Massachusetts, would bear significant fruit in the Religious Freedom Act of 1811.

To Contest with All the Powers of Darkness brings a unique movement into focus that had at its inception the communal values and ministry preparation practices of a loose network of New England Baptist churches. This movement drove a significant first wedge in the church-state fusion of the Early Republic and, simultaneously, left memorable lessons in successful collective action for a New England Baptist community on the verge of an institutional explosion on the western frontier.
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