Amish and Hasidic Litigation: A Survival Strategy

Introduction The religious freedoms afforded by the First Amendment are rarely explored as potential threats to the survival of strict sects in the United States. Strict sects—ultra-insular, literalist religious groups—have historically suffered from state persecution; their survival depended on the...

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Bibliographic Details
Main Author: Rosenberg, Emma (Author)
Format: Electronic Article
Language:English
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Published: Oxford University Press 2021
In: A journal of church and state
Year: 2021, Volume: 63, Issue: 3, Pages: 485-505
Standardized Subjects / Keyword chains:B Amish / Hasidim / USA / State / Religion
IxTheo Classification:KBQ North America
SA Church law; state-church law
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Summary:Introduction The religious freedoms afforded by the First Amendment are rarely explored as potential threats to the survival of strict sects in the United States. Strict sects—ultra-insular, literalist religious groups—have historically suffered from state persecution; their survival depended on their ability to maintain a buffer zone, a strict separation, from society and its threat to both their physical well-being and their salvation. Intuitively, the state-sanctioned protection and mandate of non-involvement with religious groups should benefit strict sects. However, these protections actually come at a price to strict sects; a threat to the very separation that ensures their survival.While religious freedom and separation of church and state are meant as safeguards from state persecution, they are also meant as safeguards against any preferential treatment by the state of religious groups. Additionally, while the primary purpose of the First Amendment is to protect the individuals practicing religion, its purpose is also to...
ISSN:2040-4867
Contains:Enthalten in: A journal of church and state
Persistent identifiers:DOI: 10.1093/jcs/csaa060