German Religious Liberty Jurisprudence: A Proposed Solution for the U.S. Supreme Court’s Double-Barreled Dilemma
The contemporary U.S. Supreme Court’s religious liberty jurisprudence is unsettled and potentially contradictory because its free exercise jurisprudence, which sometimes allows or requires religion to be shown favor through various exemptions or accommodations, clashes with its establishment clause...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Oxford University Press
2021
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| In: |
A journal of church and state
Year: 2021, Volume: 63, Issue: 2, Pages: 300-321 |
| Standardized Subjects / Keyword chains: | B
Germany
/ Religious freedom
/ Jurisdiction
B Religious freedom / USA |
| IxTheo Classification: | KBB German language area KBQ North America SA Church law; state-church law |
| Online Access: |
Volltext (lizenzpflichtig) |
| Summary: | The contemporary U.S. Supreme Court’s religious liberty jurisprudence is unsettled and potentially contradictory because its free exercise jurisprudence, which sometimes allows or requires religion to be shown favor through various exemptions or accommodations, clashes with its establishment clause jurisprudence, which forbids the state from favoring religion. The court allows the state to show favor to religion through accommodations such as the Religious Freedom Restoration Act and Title VII’s religious accommodations. It has even required ministerial exceptions as a matter of constitutional law. To be sure, the status of the Lemon approach to establishment clause jurisprudence is contested among... |
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| ISSN: | 2040-4867 |
| Contains: | Enthalten in: A journal of church and state
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| Persistent identifiers: | DOI: 10.1093/jcs/csaa034 |