Religion and the State

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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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