The Distinctiveness of Religion in American Law

About this book

"In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference.This book aims to develop such an account. Drawing on founding era thought illuminated by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. The new framework for religion clause decision making advanced here will be essential reading for anyone interested in current controversies regarding protections for religious conscience"--Unedited summary from book cover.