God vs. the Gavel: Religion and the Rule of LawCambridge University Press, 30 May 2005 God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others. |
İçindekiler
PART TWO THE HISTORY AND DOCTRINE BEHIND THE RULE THAT SUBJECTS RELIGIOUS ENTITIES TO DULY ENACTED LAWS | 201 |
EPILOGUE | 306 |
NOTES | 313 |
| 399 | |
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accommodation Amendment American applied argued Boerne burden Catholic child Christian Church City City of Boerne claim clergy congregation Congress constitutional right criminal decision defense discrimination doctrine enacted exercise of religion fact faith federal Federal Marriage Amendment filed Free Exercise Clause Freedom Restoration Act gang gay marriage gious groups harm hereinafter hijab homeschooling immunity interest Isaac Backus issue Justice kirpan last visited Nov last visited Oct legislative legislature ministerial exception Muslim neighborhood neighbors neutral no-harm parents pedophiles permitted peyote political polygamy principle prison protection reasons regulation religious belief religious conduct religious entities Religious Exemption Religious Freedom Restoration religious individuals religious institutions religious landowners religious liberty religious organizations residential RFRA RLUIPA rule of law same-sex marriage secular sexual abuse Sherbert Sikh Smith society Stat strict scrutiny supra note Supreme Court tion U.S. Supreme Court United victims violate yarmulke