The Free Exercise Clause, the NLRA, and Parochial School Teachers

1978 ◽  
Vol 126 (3) ◽  
pp. 631
Keyword(s):  
Parochial School ◽  
School Teachers ◽  
Free Exercise ◽  
Free Exercise Clause

Commitment and Satisfaction among Parochial School Teachers: Findings from Catholic Education

1993 ◽  
Vol 2 (1) ◽  
pp. 41-63 ◽  
Author(s):  
HOPE C. TARR ◽  
MARIA J. CIRIELLO ◽  
JOHN J. CONVEY
Keyword(s):  
Catholic Education ◽  
Parochial School ◽  
School Teachers

scholarly journals Religious Neutrality in the Early Republic

2018 ◽  
Author(s):  
Jud Campbell
Keyword(s):  
Religious Freedom ◽  
Natural Right ◽  
Free Exercise ◽  
Free Exercise Clause ◽  
Conscientious Objectors ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The Government ◽  
Constitutional Meaning ◽  
Military Draft

Governmental neutrality is the heart of the modern Free Exercise Clause. Mindful of this core principle, which prevents the government from treating individuals differently because of their religious convictions, the Supreme Court held in Employment Division v. Smith that a neutral law can be constitutionally applied despite any incidental burdens it might impose on an individual�s exercise of religion. Conscientious objectors such as Quakers, for instance, do not have a constitutional right to be exempt from a military draft. Thus, neutrality now forms both the core and the outer limit of constitutionally guaranteed religious freedom. Judged according to founding-era views, however, this interpretation of the Free Exercise Clause is deeply problematic. Although historical scholarship has focused on the particular issue of religious exemptions, this Article takes a different approach by reexamining early debates about neutrality itself. These neglected sources demonstrate that modern cases invert the founding-era conception of religious freedom. For the Founders, religious freedom was primarily an unalienable natural right to practice religion�not a right that depended on whether a law was neutral. This evidence illuminates not only a significant transition in constitutional meaning since the Founding but also the extent to which modern priorities often color our understanding of the past.

Madison, Washington, Jefferson, and the Free Exercise Clause

2010 ◽  
pp. 166-195
Author(s):  
Vincent Phillip Munoz
Keyword(s):  
Free Exercise ◽  
Free Exercise Clause

Secularism and US Religion Jurisprudence

2017 ◽  
Author(s):  
Caroline Corbin
Keyword(s):  
United States ◽  
Religious Freedom ◽  
Church And State ◽  
The United States ◽  
The State ◽  
Religious Liberty ◽  
Establishment Clause ◽  
Free Exercise ◽  
Free Exercise Clause ◽  
Constitutional Jurisprudence

Religious surveys are finding greater percentages of Americans who self-identify as secular. At the same time, religious exemptions under the Free Exercise Clause have become more difficult to obtain. However, religion jurisprudence in the United States has not become more secular for two reasons. First, this greater unwillingness to grant constitutional exemptions reflects a shift in constitutional jurisprudence from “separationism” to “neutrality.” Rather than building a wall between church and state, the Establishment Clause is now interpreted to impose fewer restraints on state-sponsored religion. Second, statutes like the federal Religious Freedom Restoration Act and its state counterparts have not only reestablished separationist era levels of protection for religious liberty but increased them. The result is a religion jurisprudence where religion is accommodated more than ever, while the state has more leeway to advance religion. This combination has unfortunate consequences for both secular people and core secular values, such as antidiscrimination.

Regulating religion: the courts and the free exercise clause

2001 ◽  
Vol 39 (02) ◽  
pp. 39-0879-39-0879
Keyword(s):  
Free Exercise ◽  
Free Exercise Clause

Regulating Religion: The Courts and the Free Exercise Clause. Catharine Cookson

2003 ◽  
Vol 83 (3) ◽  
pp. 492-493
Author(s):  
Winnifred Fallers Sullivan
Keyword(s):  
Free Exercise ◽  
Free Exercise Clause

Conservatives, Liberals, and the Free Exercise Clause

1998 ◽  
Vol 27 (1) ◽  
pp. 13-20
Author(s):  
Peter Schotten
Keyword(s):  
Free Exercise ◽  
Free Exercise Clause
Sign in / Sign up

Export Citation Format

Share Document