Kathleen A. Brady

The Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence - Law and Christianity Kathleen A. Brady

Marc Notes: With the controversial 2014 Supreme Court ruling in Burwell v. Hobby Lobby, traditional religious protections under the First Amendment have been questioned by the public. This book provides a persuasive defense of religious protections by drawing on founding era thought as well as theology, philosophy of religion, and comparative religion. In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Brief Description: In light of recent Supreme Court decisions, this book defends traditional religious protections under the First Amendment. Table of Contents: Introduction; Part I. The Distinctiveness of Religion: 1. The development and limits of the equality paradigm; 2. The continuing power of the equality paradigm; 3. A unique relationship, a common foundation; 4. A new framework for religion clause jurisprudence; Part II. The Believer and the State: 5. Freedom of conscience today: rethinking free exercise exemptions; 6. Challenges to constructing a right of exemption that is feasible and fair; 7. Meeting the challenge: lessons from the first Congress; 8. New proposals for free exercise exemptions; 9. The role and limits of legislative and administrative accommodation; 10. Examining sincerity and defining religion; Conclusion: secular moral commitments revisited.

Contributor Bio:  Brady, Kathleen A Kathleen A. Brady is a Senior Fellow at the Center for the Study of Law and Religion at Emory University. Her scholarship focuses on the intersection of law and religion, including the First Amendment religion clauses, religion in public life, law and theology, and Catholic social thought.