The Protestant (Dis)Establishment: Its Overlooked Role in the Ongoing Battles Over Religious Liberty (A Prospectus)

Wayne Law Review, Vol. 70.1:277

USC Law Legal Studies Paper No. 2502

32 Pages Posted: 1 Nov 2024 Last revised: 14 Jan 2025

See all articles by Nomi Maya Stolzenberg

Nomi Maya Stolzenberg

University of Southern California - Gould School of Law

Date Written: August 26, 2024

Abstract

This article argues that, in order to understand the ongoing battles over the meaning of Free Exercise and Establishment Clauses, the religious right's ongoing campaign against "secular humanism," and the broader conservative revolt against "the Establishment," we have to understand the liberal Protestant character of "the Establishment" against which conservative Protestants and Catholics originally rebelled.  The paper argues further that, as the Protestant establishment became increasingly committed to disestablishment, it effectively disestablished itself and at the same time perpetuated itself in the form of a Protestant "(Dis)Establishment."  Understanding the ways in which disestablishmentarianism perpetuates the liberal Protestant outlook of the erstwhile Protestant Establishment enables us to better understand the ways in which current battles against "secular humanism" are a continuation of older theological battles waged by conservative Protestants and Catholics against liberal Protestantism, combined with class resentments against the political and social elite that continues to promote liberal Protestantism's humanist ideals.

Keywords: humanism, secular humanism, religious liberty, disestablishment, liberal Protestantism, religious right

Suggested Citation

Stolzenberg, Nomi Maya, The Protestant (Dis)Establishment: Its Overlooked Role in the Ongoing Battles Over Religious Liberty (A Prospectus) (August 26, 2024). Wayne Law Review, Vol. 70.1:277, USC Law Legal Studies Paper No. 2502, Available at SSRN: https://ssrn.com/abstract=4966903 or http://dx.doi.org/10.2139/ssrn.4966903

Nomi Maya Stolzenberg (Contact Author)

University of Southern California - Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

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