Religious Freedom in America: A Reference Handbook

Religious Freedom in America: A Reference Handbook

by Michael C. LeMay
Religious Freedom in America: A Reference Handbook

Religious Freedom in America: A Reference Handbook

by Michael C. LeMay

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Overview

This book provides the answers to controversial questions about religious liberties in the United States and connected issues through balanced, thorough, and nonjudgmental coverage of the issues in a reference format.

The subject of religious freedom is important to all American citizens, regardless of religious affiliation or ethnicity. Are the rights of religious individuals being eroded, or is religion being unfairly used to deny basic secular rights to individuals? How will religious institutions adapt to changes in legislation that have an impact on how they operate? Does the Supreme Court have the right to enforce these changes? Finally, how can the precarious separation of church and state be maintained while simultaneously respecting both institutions?

This single-volume work provides an introduction that addresses the historical background of religious freedom in America, accurately explains the latest legal developments in religious freedom in the United States, and presents an unbiased account of the probable impact of the new Freedom of Religion laws in the continuing culture war. Readers will gain insight into key controversies such as prayer in public schools, creationism versus evolution, abortion, religious objections to medical care, religious displays in public places, same-sex marriage and LGBT rights, and state and federal religious freedom acts. The book also includes perspective essays by outside contributors, a selection of useful primary documents, a listing of print and nonprint resources, a chronology, and a glossary of terms.


Product Details

ISBN-13: 9781440851049
Publisher: Bloomsbury Academic
Publication date: 01/12/2018
Series: Contemporary World Issues
Pages: 368
Product dimensions: 6.00(w) x 9.00(h) x 0.88(d)

About the Author

Michael C. LeMay, PhD, is professor emeritus of political science at California State University–San Bernardino with 35 years experience teaching at the university level.

Table of Contents

Preface xv

1 Background and History 3

Introduction 3

Established Religion in Colonial America 5

The Constitution and the First Amendment 14

The Rise of Homegrown Minority Religions 20

The Church of Jesus Christ of Latter-day Saints: The Mormons 20

The Seventh-day Adventists 25

Jehovah's Witnesses 29

The Nation of Islam 32

Other Non-Christian Minority Religions 35

Judaism 35

Muslim Americans 38

Buddhism, Hinduism, and Sikhism 39

Baha'i 40

Native American Religion 40

Wicca 42

Atheists and Agnostics 43

Conclusion 44

References 45

2 Problems, Controversies, and Solutions 53

Introduction 53

The Establishment Clause 56

Government Aid to Church-Related Schools 58

Religion in Public Education 63

Government-Sponsored Religious Displays 68

Prayers in Public Schools 69

Sabbatarian Laws (Blue Laws) 70

Religious Institutions Functioning as Government Agencies 72

Tax Exemptions for Religious Institutions 74

Legislative Chaplains and Prayers 76

Standing to Sue 76

Teaching Creationism and Evolution in Public Schools 78

Unequal Government Treatment of Religious Groups 79

The Free Exercise Clause 82

Solicitation by Religious Groups 82

Using Religious Tests for Public Benefits or Services 88

Public Education 92

Religion and Right to Work Laws 95

Government Intrusion into Church Controversies 99

Eminent Domain 103

Freedom of Speech 104

Solutions 108

Conclusion 109

References 111

3 Perspectives 115

Why Mixing Religion and Political Activity Leads to a Poisoned Chalice: Ending Compelled Taxpayer Support for Religious Political Activity Christina Ann-Marie DiEdoardo 115

Say a Prayer for Me Stacy Mintzer Herlihy 119

Religious Choice in Medicine: When Cancer Patients Have Religious Objections to Life-Saving Blood Transfusions Angela Quinn 122

When Children Pay the Price of Freedom of Religion Dorit R. Reiss 125

Transgender Rights: A Religious Freedom Wedge Strategy Rani Baker 129

The First Amendment and Immigration John R. Vile 133

Many Are Called-By the Supreme Court of the United States Courtney Wilder 136

The HHS Contraception Mandate and Religious Freedom Conflicts Christina Villegas 141

The Episcopal Church-Foundations of Religious Freedom Christopher Johnson 147

4 Profiles 153

Introduction 153

Governmental Organizations 153

Attorney General of the United States and Solicitor General of the United States 153

Office of the President of the United States 155

The Supreme Court of the United States 156

U.S. Federal Departments 156

Nongovernmental Organizations 159

American-Arab Anti-Discrimination Committee 159

American Atheists 161

American Civil Liberties Union 162

Americans for Religious Liberty 163

Americans United for Separation of Church and State 165

Center for the Study of Law and Religion 167

Council on American-Islamic Relations 169

Freedom from Religion Foundation 170

Heritage Foundation 172

Jehovah's Witnesses 173

Moral Majority 174

Seventh-day Adventists 175

People 177

Warren Burger (1907-1995) 177

George W. Bush (1946-) 178

Jimmy Carter (1924- ) 180

Ted Cruz (1970-) 181

Ruth Bader Ginsburg (1933-) 182

Alberto Gonzales (1955- ) 184

Thomas Jefferson (1743-1826) 185

Lyndon B. Johnson (1908-1973) 186

Anthony Kennedy (1936- ) 187

Barack Obama (196l-) 189

Sandra Day O'Connor (1930- ) 189

William Rehnquist (1924-2005) 190

John Roberts (1955-) 191

Antonin Scalia (1936-2016) 192

Donald Trump (1946-) 193

Nongovernmental Stakeholders 194

James Dobson (1936-) 195

Madalyn Murray O'Hair (1919-1995) 196

Ron Reagan (1958- ) 197

Ralph Reed (1961-) 198

Melissa Rogers (Not Known) 199

John Witte, Jr. (1959- ) 200

References 201

5 Data and Documents 203

Introduction 203

Data 203

Table 5.1 Religions in the United States (2010 Census) 204

Figure 5.1 World Religions (by Percentage) 205

Table 5.2 Religious Freedom Supreme Court Cases 206

Table 5.3 Charges of Religion-Based Discrimination (1997 to 2016) 208

Table 5.4 Religious-Related Hate Crime Statistics (2015) 209

Documents 210

The Maryland Toleration Act (1649) 210

The Virginia Statute for Religious Freedom (1786) 215

Constitutional Provisions 217

Letter from James Madison to Edward Livingston (1822) 218

Order of Extermination, Missouri Executive Order 44 (1838) 223

Lemon v. Kurtzman (1971) 224

Committee for Public Education and Religious Liberty v. Nyquist (1973) 226

The American Indian Religious Freedom Act (1978) 230

Denial of Equal Access Prohibited (1984) 231

Edwards v. Aguillard (1987) 233

Native American Graves Protection and Repatriation Act (1990) 235

Burwell v. Hobby Lobby Stores (2014) 238

Executive Order Promoting Free Speech and Religious Liberty (2017) 241

Documents on the "Muslim Ban" (2017) 243

6 Resources 247

Introduction 247

Print Resources 247

Books 247

Leading Scholarly Journals 278

Nonprint Sources 290

Films 290

Videos 294

7 Chronology 299

Glossary 311

Index 321

About the Author 349

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