Abstract

http://ssrn.com/abstract=1880084
 
 

Footnotes (92)



 


 



The Political (and Other) Safeguards of Religious Freedom


Richard W. Garnett


Notre Dame Law School

July 6, 2011

Cardozo Law Review, Vol. 32, p. 1815, 2011
Notre Dame Legal Studies Paper No. 11-23

Abstract:     
This essay is a contribution to a symposium marking the 20th anniversary of the Supreme Court’s still-controversial decision in Employment Division v. Smith. That decision, it is suggested, should not be read as reflecting or requiring hostility or indifference towards claims for legislatively enacted accommodations of religion. Smith is not an endorsement of religion-blind neutrality in constitutional law; instead, it assigns to politically accountable actors the difficult, but crucially important, task of accommodating those whose religious exercise would otherwise be burdened by generally applicable laws. The essay goes on to suggest several things that must be true of our law and politics if this assignment is to work well, that is, to in fact promote and protect religious freedom. Among other things, it is proposed that governments should attend carefully to the “infrastructure” of religious freedom, and should work to create and sustain the institutional and other conditions that are conducive to religious liberty. And, notwithstanding Smith, courts should enforce vigorously, using judicially manageable standards, the church-autonomy principle and the institutional separation of religious and political authority. After all, the “political safeguards” of religious freedom can be effective only if there are work in society associations and authorities that are not merely political.

Number of Pages in PDF File: 16

Accepted Paper Series





Download This Paper

Date posted: July 7, 2011  

Suggested Citation

Garnett, Richard W., The Political (and Other) Safeguards of Religious Freedom (July 6, 2011). Cardozo Law Review, Vol. 32, p. 1815, 2011 ; Notre Dame Legal Studies Paper No. 11-23. Available at SSRN: http://ssrn.com/abstract=1880084

Contact Information

Richard W. Garnett (Contact Author)
Notre Dame Law School ( email )
Room 327
P.O. Box 780
Notre Dame, IN 46556-0780
United States
574-631-6981 (Phone)
574-631-4197 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,403
Downloads: 182
Download Rank: 99,766
Footnotes:  92

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.500 seconds