Founding Principles, Secular Skeptics, and Religious Freedom: Review of Kathleen A. Brady, the Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence

5 Pages Posted: 10 Dec 2018 Last revised: 7 Jul 2020

Date Written: 2018

Abstract

This review essay evaluates Kathleen Brady’s provocative and original defense of the idea that religion remains special in modern liberal democracies, and deserves special constitutional treatment. While warmly commending this work, this essay also queries the author’s delicate non-originalist reading of original sources, her non-theological account of religious arguments, and her neglect of valuable international human rights sources in support of religious freedom for all.

Keywords: Kathleen Brady; First Amendment; religious arguments; religious freedom; James Madison; John T. Noonan, Jr

Suggested Citation

Witte, John, Founding Principles, Secular Skeptics, and Religious Freedom: Review of Kathleen A. Brady, the Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence (2018). Journal of Law and Religion, Vol. 32, 2018, Available at SSRN: https://ssrn.com/abstract=3286061

John Witte (Contact Author)

Emory University School of Law ( email )

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