Religion, Law, and the Constitution

Religion, Law, and the Constitution, Foundation Press, 2016

Indiana Legal Studies Research Paper No. 382

21 Pages Posted: 14 Dec 2017

See all articles by Daniel O. Conkle

Daniel O. Conkle

Indiana University Maurer School of Law

Date Written: March 18, 2016

Abstract

This book begins by recounting the history of American religious liberty, from its Lockean origins to the First Amendment to the present day. Drawing upon that history, it identifies a set of embedded and evolving constitutional values: religious voluntarism, respect for religious identity, religious equality, and freedom of religious speech, as well as broader structural values such as preserving tradition, protecting government from religion, and protecting religion from government. The book returns to these values time and again as it explores and evaluates the Supreme Court’s contemporary First Amendment doctrine under the Free Exercise and Establishment Clauses, as well as its protection of religious speech under the Free Speech Clause. A separate chapter discusses other important sources of religious freedom, including the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA).

In this SSRN paper, I reproduce the table of contents along with the introductory and concluding chapters of the book. In the concluding chapter, I highlight ongoing developments in the American religious landscape and explain how they might affect the future of religious liberty in the United States.

Keywords: Religious Liberty, First Amendment, Establishment Clause, Free Exercise Clause, Religious Free Speech, Religious Freedom Restoration Act, Religious Land Use and Institutionalized Persons Act

JEL Classification: K00, K10, K19, K30, K39

Suggested Citation

Conkle, Daniel O., Religion, Law, and the Constitution (March 18, 2016). Religion, Law, and the Constitution, Foundation Press, 2016, Indiana Legal Studies Research Paper No. 382, Available at SSRN: https://ssrn.com/abstract=3087453

Daniel O. Conkle (Contact Author)

Indiana University Maurer School of Law ( email )

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