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Religion and the State


Religion and the State

Second Edition

by Steven G. Gey

$176.00 casebound

ISBN978-0-82057-022-8

Tags: Religion and Law

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This book examines the interpretive issues that have always been at the forefront of litigation based on the Religion Clause, including:

  • What is the effect of history and original intent on the meaning of the modern Religion Clauses?
  • What is the proper role for religion in a modern, religiously pluralist, secular democracy?
  • What constitutes 'religion'?
  • Is any such definition of 'religion' applicable to both the Establishment and Free Exercise Clauses?

Religion and the State, written in a politically balanced tone, draws from various resources, including Supreme Court case law, lower court opinions, academic literature, and legislative texts to provide a well-rounded examination of these pivotal and intriguing questions. The Second Edition represents a substantial revision of the predecessor edition. Among the developments reflected in the Second Edition are:

  • Expanded coverage of the debate within the Supreme Court and academic literature over separationist and accommodationist models of political governance;
  • Completely revised sections dealing with government financing of religious enterprises and government symbolic endorsement of religion;
  • Shorter case excerpts;
  • A more comprehensive effort to incorporate lower-court decisions on matters that have not yet been decided by the Supreme Court;
  • Expanded coverage of comparative materials;
  • Expanded coverage of litigation under state constitutional provisions dealing with religion and the government;
  • Expanded coverage of statutory issues under federal statutes such as RFRA and RLUIPA, and the various state versions of those statutes; and
  • A new section dealing with the legal implications of internal church disputes.


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