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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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