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Religious Freedom and (and in) Institutions

CHALLENGES TO RELIGIOUS LIBERTY IN THE TWENTY-FIRST CENTURY, pp. 71-89, Gerard V. Bradley, ed., Cambridge University Press, 2012

Notre Dame Legal Studies Paper No. 12-57

24 Pages Posted: 24 Mar 2012  

Richard W. Garnett

Notre Dame Law School

Date Written: March 22, 2012

Abstract

This paper is a contribution to a volume of essays dealing with a range of contemporary challenges – challenges posed by new questions, and by new forces – to religious liberty. It considers the role that religious communities, groups, and associations play – and the role that they should they play – in our thinking and conversations about religious freedom and church-state relations. And, its primary claim is that the values and goods that the First Amendment’s Religion Clauses embody and protect are well served by a civil-society landscape that is thick with churches (and mediating institutions and associations of all kinds) and by legal rules that reflect their importance. These institutions contribute in distinctive ways to the reality of religious freedom under law.

Keywords: establishment clause, first amendment, religious freedom, religious liberty, separation of church and state

JEL Classification: K10, K19, K39

Suggested Citation

Garnett, Richard W., Religious Freedom and (and in) Institutions (March 22, 2012). CHALLENGES TO RELIGIOUS LIBERTY IN THE TWENTY-FIRST CENTURY, pp. 71-89, Gerard V. Bradley, ed., Cambridge University Press, 2012; Notre Dame Legal Studies Paper No. 12-57. Available at SSRN: https://ssrn.com/abstract=2027639

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)

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