Religion And The State

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  • Publish Date: 2006-08-02
  • Binding: Hardcover
  • Author: Stephen G. Gey

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This book examines the interpretive issues that have always been at the forefront of litigation based on the Religion Clause, including



  • What is the effect of history and original intent on the meaning of the modern Religion Clauses?

  • What is the proper role for religion in a modern, religiously pluralist, secular democracy?

  • What constitutes religion ?

  • Is any such definition of religion applicable to both the Establishment and Free Exercise Clauses?


    Religion and the State, written in a politically balanced tone, draws from various resources, including Supreme Court case law, lower court opinions, academic literature, and legislative texts to provide a well-rounded examination of these pivotal and intriguing questions. The Second Edition represents a substantial revision of the predecessor edition. Among the developments reflected in the Second Edition are:


  • Expanded coverage of the debate within the Supreme Court and academic literature over separationist and accommodationist models of political governance;

  • Completely revised sections dealing with government financing of religious enterprises and government symbolic endorsement of religion;

  • Shorter case excerpts;

  • A more comprehensive effort to incorporate lower-court decisions on matters that have not yet been decided by the Supreme Court;

  • Expanded coverage of comparative materials;

  • Expanded coverage of litigation under state constitutional provisions dealing with religion and the government;

  • Expanded coverage of statutory issues under federal statutes such as RFRA and RLUIPA, and the various state versions of those statutes; and

  • A new section dealing with the legal implications of internal church disputes.
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