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Full-Text Articles in Law
A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett
A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett
Journal Articles
The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not …
Dogmatomachy - A "Privatization" Theory Of The Religion Clause Cases, Gerard V. Bradley
Dogmatomachy - A "Privatization" Theory Of The Religion Clause Cases, Gerard V. Bradley
Journal Articles
In the wake of Everson v. Board of Education, the Supreme Court has enforced a scheme of privatizing religion. However, this privatization scheme is met with criticism. One such criticism is this Article’s proposition that this scheme destroys religious consciousness in order to stymie religious factions. Through an examination of the normative view of privatization and its application to recent cases, the Author argues that hostility to religious consciousness is the denial of religious liberty as it reduces religion from an objective truth to a subjective preference.