The Religious Left and Church-state Relations (ebook)

Argumento de The Religious Left and Church-state Relations (ebook)

"Shiffrin has made an excellent contribution with this book, one on which he and others may now build."--Melissa Rogers, Journal of Church and State

One of Tikkun Magazine's 25 Recommended Titles for 2009

"The Religious Left and Church-State Relations offers a tour-de-force account of the First Amendment's religion clauses and how they should be interpreted. This is no dry academic exercise, but rather a direct response to conservatives who view supporters of church-state separation as uncaring, even hostile, toward organized religion. The book is a refutation by one who cares deeply."--Robert K. Vischer, Commonweal

"This is an extraordinarily well-written, original, and persuasive book that offers an eloquent plea for recognition of the multiple values of the religion clauses, emphasizes the civil values of public schools, and shows how religious perspectives can yield compelling reasons to separate church and state. It will greatly enrich the understanding of anyone who cares about religious liberty."--Kent Greenawalt, Columbia University Law School

"Building on the recent invigoration of progressive religion, Shiffrin's crisp and tightly-argued call for a renewed liberal support for religious freedom in law and politics is a welcome addition to the growing scholarship on the progressive resurgence."--Sarah Barringer Gordon, University of Pennsylvania

"This well-researched and thoroughly documented book is insightful throughout. Its main argument concerning the religious left is important, provocative, imaginative, and cogently argued. Shiffrin engages and confronts competing views, not only of the Supreme Court but of prominent scholars, and he includes revealing comparative insights between the experiences of the United States and Europe."--Daniel O. Conkle, Indiana University Maurer School of Law

"Passionate, deeply learned, and timely, this book proves that something integral to American democracy is lost if we overlook the complexity, ambiguity, and in-between positions too often forsaken in declamatory public debates about political religions. It is an unquestionable contribution to long-standing conversations about religious jurisprudence, constitutional debates, religion and politics, and American democracy."--Jason C. Bivins, North Carolina State University

"The Religious Left is a valuable and provocative book. Scholars of law, religion, and politics will want to mull over Shiffrin's cogent and artfully argued conclusions. Shiffrin has made an important contribution to the literature at the evergreen intersection of constitutional and political theory. The seasoning and deep learning of Shiffrin's mind permeate the book's pages."--Marc O. DeGirolami, Journal of Law and Religion

"Shiffrin presents an interesting argument in this volume: the religious Left is better equipped than the secular Left to challenge the religious Right on questions of church and state in the U.S. . . . A useful book for students of constitutional law and religion in the U.S."--Choice0Preface ix
Introduction 1

PART I: THE PLURALISTIC FOUNDATIONS OF THE RELIGION CLAUSES 9

Chapter 1. Overview of Part I 11

Chapter 2. The Free Exercise Clause 16
The Court's Approach 16
Liberal Theory 17
Communitarian Theory 18
Free Exercise Values 20
Applying the Free Exercise Clause 23

Chapter 3. Establishment Clause Values 28
Liberty and Autonomy 29
Equality 30
Stability 31
Promoting Political Community 31
Protecting the Autonomy of Government 32
Protecting Churches 32
Promoting Religion 34

Chapter 4. Applying the Establishment Clause 41
Acceptable Deviations from Equality 42
Unacceptable Conformity with Equality:
Equality in the Public School Classroom 54
Concluding Observations about Part I 58

PART II: THE FIRST AMENDMENT AND THE SOCIALIZATION OF CHILDREN: COMPULSORY PUBLIC EDUCATION AND VOUCHERS 61

Chapter 5. Compulsory Public Education 63
Pierce v. Society of Sisters: A Landmark Case 65
The Purposes of Public Education 68
The Limits of Compulsory Public Education 74
Constitutional? Sometimes. Good Public Policy? No. 80
Chapter 6. Vouchers 82
Are Vouchers Constitutionally Required? 82
Wise Policy for Preadolescents? 83
Should Vouchers Be Constitutionally Permitted for Religious Schools? 86
Concluding Observations about Part II 93

PART III . RELIGION AND PROGRESSIVE POLITICS 95

Chapter 7. Religion and Progressive Politics 97
Secular Liberalism 100
Religious Liberalism 106
Chapter 8. The Politics of Liberalism 110
The Relative Political Attractiveness of Secular and Religious Liberalism 110
Religion and American Party Politics 125
Grassroots Democracy, Liberal Politics, and Excessive Religious Hostility 127

Conclusion 134
Notes 137
Index 237