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William & Mary Bill of Rights Journal

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Religion and Law

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To Cut Or Not To Cut?: Addressing Proposals To Ban Circumcision Under Both A Parental Rights Theory And Child-Centered Perspective In The Specific Context Of Jewish And Muslim Infants, Andrew E. Behrns Mar 2013

To Cut Or Not To Cut?: Addressing Proposals To Ban Circumcision Under Both A Parental Rights Theory And Child-Centered Perspective In The Specific Context Of Jewish And Muslim Infants, Andrew E. Behrns

William & Mary Bill of Rights Journal

No abstract provided.


Religion, Rationality, And Special Treatment, Jane Rutherford Feb 2001

Religion, Rationality, And Special Treatment, Jane Rutherford

William & Mary Bill of Rights Journal

Religion has always played a major role in American society, both politically and socially. Its influence on the Constitution is expressed in the Establishment and Free Exercise Clauses. Why is religion given special treatment by the Constitution? In this Article, Professor Jane Rutherford makes a structural argument for religious liberty. Rutherford posits that religion is treated differently not because of the content of its views, but because of the various other functions it serves, such as providing voices for outsiders and advancing non-market values. Rutherford concludes that we should return to more serious enforcement of the Establishment and Free Exercise …