Faith, Harm, and Neutrality: Some Complexities of Free Exercise Law

49 Pages Posted: 6 May 2006


This Essay reviews Professor Marci Hamilton's God vs. the Gavel (2005). The Essay surveys several areas of recent free exercise controversy in light of Hamilton's defense of a robust harm principle as the proper analytical framework for free exercise analysis. It then takes the example of religiously-based insanity defenses as an illustration of the conceptual difficulties that arise at the intersection of religious belief and criminal law.

Keywords: first amendment, free exercise, religion, insanity, lawrence

Suggested Citation

Mason, Caleb E., Faith, Harm, and Neutrality: Some Complexities of Free Exercise Law. Duquesne University Law Review, Vol. 44, p. 225, 2006. Available at SSRN:

Caleb E. Mason (Contact Author)

Brown White & Osborn LLP ( email )

333 S. Hope St.
40th Floor
Los Angeles, CA 90071
United States
2134062949 (Phone)
2134062949 (Fax)

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