Liberty of Conscience: In Defense of America's Tradition of Religious EqualityIn one of the great triumphs of the colonial and Revolutionary periods, the founders of the future United States overcame religious intolerance in favor of a constitutional order dedicated to fair treatment for peopleÕs deeply held conscientious beliefs. It granted equal liberty of conscience to all and took a firm stand against religious establishment. This respect for religious difference, acclaimed scholar Martha Nussbaum writes, formed our democracy. Yet today there are signs that this legacy is misunderstood. The prominence of a particular type of Christianity in our public life suggests the unequal worth of citizens who hold different religious beliefs, or no beliefs. Other people, meanwhile, seek to curtail the influence of religion in public life in a way that is itself unbalanced and unfair. Such partisan efforts, Nussbaum argues, violate the spirit of our Constitution. Liberty of Conscience is a historical and conceptual study of the American tradition of religious freedom. Weaving together political history, philosophical ideas, and key constitutional cases, this is a rich chronicle of an ideal of equality that has always been central to our history but is now in serious danger. |
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accommodation Amendment American Amish argued argument atheists believe burden Catholic Christian citizens civil claim compelling conscience constitutional debate display dissent doctrine endorsement equal respect Establishment Clause ethical exemption exercise of religion fact fairness favor fear framers framework Free Exercise Clause gious Hindus human Ibid idea of equality important interest issue Jehovah's Witnesses Jews Justice O’Connor Justice Scalia Madison majority McConnell meaning ment minorities moral Mormon Muslims nation neutrality Nonetheless nonpreferential opinion orthodoxy parents parochial schools peace people’s persecution person peyote philosophical pledge political polygamy practice principles problem protection public schools question reasons refused reli religion religion clauses religious liberty Roger Williams Roman same-sex marriage Schempp school prayer sect sectarian secular seems separation of church Sherbert Sherbert test Smith Stoic Supreme Court theory things thought tion tradition U.S. Supreme Court University violation Williams’s