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4 books match the query 'Religious Liberty'

cover of Disability Rights and Religious Liberty in Education: The Story behind Zobrest v. Catalina Foothills School District

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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cover of Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses

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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cover of Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective

Religious Liberty in America

The First Amendment in Historical and Contemporary Perspective

Bruce T. Murray

University of Massachusetts Press, 2008

A nation founded on church-state separation is still debating where the line is drawn

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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cover of Separating Church and State: ROGER WILLIAMS AND RELIGIOUS LIBERTY

Separating Church and State

ROGER WILLIAMS AND RELIGIOUS LIBERTY

Timothy L. Hall

University of Illinois Press, 1998

      Roger Williams, founder of the colony of Rhode Island, is famous as an
        apostle of religious tolerance and a foe of religious establishments.
      In Separating Church and State, Timothy Hall combines impressive
        historical and legal scholarship to explore Williams's theory of religious
        liberty and relate it to current debate. Williams's fierce religious dogmaticism,
        Hall argues, is precisely what led to his religious tolerance, making
        him one of the most articulate champions of the argument for the necessary
        separation of church and state.
      "Both timely and provocative. . . . Offers Williams's largely overlooked
        but deeply important perspective on the peaceful coexistence of committed
        believers of diverse faiths. The book also brings into question crucial
        tenets of the United States Supreme Court's First Amendment religion clause
        jurisprudence at a time when many are raising questions about it."
        -- Marci A. Hamilton, Benjamin N. Cardozo School of Law, New York City
      "Hall has the entire Williams corpus under his command, and he plays
        the relevant texts like a master organist. He also has the legal corpus
        equally at his fingertips. One of the great strengths of his book is that
        it bridges the too often separate fields of history and jurisprudence."
        -- Edwin Gaustad, author of Liberty of Conscience: Roger Williams in
        America
 
 
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