The Religion Guarantees: A Reference Guide to the United States Constitution

By Peter K. Rofes | Go to book overview
The Other Side of the Anti-establishment Coin: Public Assistance to Religious Institutions and Families Whose Children Attend Religious Schools78
Financial Assistance to Religion: Assistance to Families Whose Children Attend Religious Schools79
Financial Assistance to Religion: Assistance to Religious Schools90
Financial Assistance to Religion: Grants to Religious Institutions101
The Twilight Zone: Governmental Accommodation of Religion and the Anti-establishment Guarantee103
Permissible Accommodation: Property Tax Exemption104
Permissible Accommodation: Employment Discrimination105
Impermissible Accommodation: Empowering Religious Organizations with Governmental Authority—Zoning Decisions Related to Liquor Licenses107
Impermissible Accommodation: Protecting Employees from Compelled Sabbath Work108
Impermissible Accommodation: Tax Exemption Exclusively for Religious Publications109
Impermissible Accommodation: Separate and Distinct School District for a Religious Community109
Conclusion112
Notes112
Chapter 3: The Free Exercise Guarantee123
Introduction123
Early Developments in Free Exercise: A Nineteenth-Century Snapshot, Beliefs vs. Actions, and the Substantial Deference to Government125
Polygamy and the Reynolds Case125
Beyond Reynolds: Cantwell126
Sunday “Blue” Laws: Braunfeld—More of the Same, Accompanied by Whispers of Skepticism128
Interference with Political Candidates131
Interference with Clergy132
The Emergence of Intensified Scrutiny134
Unemployment Compensation—Sherbert134
Compulsory Education—Yoder136
The Calm before the Storm of Smith II: Free Exercise Challenges in Particular Contexts139
Unemployment Compensation139
Taxation142

-viii-

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The Religion Guarantees: A Reference Guide to the United States Constitution
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Series Foreword xi
  • Acknowledgments xv
  • 1 - The Origins of the Religion Guarantees 1
  • 2 - The Anti-Establishment Guarantee 29
  • 3 - The Free Exercise Guarantee 123
  • Bibliographic Essay 183
  • Table of Cases 201
  • Index 205
  • About the Author 213
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