That Godless Court?

by Ronald B. Flowers

Overview

The "religious clause" of the First Amendment, seemingly simple and clear, has been and continues to be controversial in its application. In this book, Flowers explains the Court's thinking, clarifying for readers the decisions that have been built on or that have altered previous positions.

Product Details

ISBN-13:	9780664255626
Publisher:	Presbyterian Publishing
Publication date:	11/01/1994
Edition description:	Older Edition
Pages:	192
Product dimensions:	6.00(w) x 9.00(h) x 0.44(d)

Table of Contents

	Introduction	ix
1.	The Court and Its Procedures	1
	Selecting Cases: The First Step	1
	Deciding Cases and Clarifying the Law	4
2.	Background of Constitutional Principles	9
	The Seventeenth Century: A Variety of Church-State Relationships	10
	The Eighteenth Century: The Process of Disestablishment	12
	The Constitution	15
3.	Defining the Scope of Religious Freedom: Prior to 1963	20
	Mormon Cases	20
	Jehovah's Witnesses Cases	21
	Theology: A Forbidden Area	27
4.	The Uncertain Status of Religious Freedom: 1963-1990	30
	The "Sherbert Test"	30
	Animal Sacrifice	36
	Clergy and Public Office	38
	The Military and Prisons	39
	Native American Cases	41
	Solicitation in Public Places	42
5.	From Congregational Fights to Pacifism	45
	Church Property	45
	Workplace Issues	50
	Conscientious Objection	52
6.	Aid to Church-Related Schools	61
	Government Aid to Parochial Schools	63
Excursus 1	The "Lemon Test": A Three-Part Test for Interpreting the Establishment Clause	66
Excursus 2	Standing	67
	Permitted Government Aid	70
	Prohibited Services	72
	Tuition Tax Credit Plans	74
	Government Aid to Church-Related Universities	79
7.	Religion in Public Schools	81
	Released Time	82
	Prayer and Teaching Religion	85
	Teaching Evolution and Creation Science	93
	Secular Humanism	95
	Equal Access	98
8.	Blue Laws, Bars, Taxes, and Plastic Reindeer: The Complexity of Establishment Clause Issues	103
	Sunday Closing Laws	103
	Legislative Chaplains	107
	A Church as Government Agent	109
	Unequal Government Treatment	110
	Taxes	111
	Religious Symbols on Public Property	123
9.	Flash Points and the Future	126
	The Rise of the Christian Right	126
	The Free Exercise Clause	129
	The Establishment Clause and Original Intent	133
	Implications of Recent Decisions	138
	Epilogue	145
Appendix A	Memorial and Remonstrance against Religious Assessments	147
Appendix B	An Act for Establishing Religious Freedom	153
	Notes	155
	Bibliography	171
	Index	173