Review of Jesse Choper, Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses (1995)

Abstract

This review analyzes Jesse Choper’s theory of religious liberty, built on the principles of equality, neutrality, accommodationism, and separationism. Choper argues that government should permit innocuous displays of religion. Choper suggests that traditional bans on prayer and Bible reading in schools. Likewise, legislative chaplains and religious tax exemptions would be outlawed. However, Choper advocated that parochial schools and religious charities should be permitted. Choper recognizes that his ideas would not be easily received. However, he is firm in his belief that such an interpretation of the Religion Clause would best serve American society. His book should serve as a guide and enlighten courts regarding religious liberty.

Keywords: Religion, Law, First Amendment, Establishment, Free Exercise, Separation of Church and State, Accommodation of Religion, Liberty, Equality