Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Freedom of Religion

William & Mary Bill of Rights Journal

Civil Rights and Discrimination

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Embryo Fundamentalism, June Carbone, Naomi Cahn May 2010

Embryo Fundamentalism, June Carbone, Naomi Cahn

William & Mary Bill of Rights Journal

No abstract provided.


A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar Mar 2008

A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar

William & Mary Bill of Rights Journal

This Article examines the influence of the therapeutic culture on the modem constitutional law of civil rights. The therapeutic culture is defined as one in which the central moral question is individual fulfillment. That culture has sprung up to replace older cultures such as Protestantism and classical republicanism, which are no longer capable of appealing to a nation as diverse as the United States. Instead of asking whether individuals or the nation conform to some external moral system, the therapeutic culture asks whether individuals are happy or fulfilled. This Article demonstrates that the therapeutic culture has had a significant effect ...


Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar Feb 2006

Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar

William & Mary Bill of Rights Journal

No abstract provided.


The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett Feb 2000

The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett

William & Mary Bill of Rights Journal

The ancient practice of polygamy became prevalent in parts of the United States in the mid-nineteenth century, when the Mormon Church canonized the doctrine of polygamy and encouraged its practice among its members. Today, there are nearly 40, 000 polygamists in the United States, mostly living in Utah. The Supreme Court has ruled on polygamy several times in decisions and dicta, each time finding it to be unconstitutional within the United States. In Reynolds v. United States, a 1878 decision upholding a statute that criminalized polygamy, the Court introduced the belief/action distinction that controls religious First Amendment doctrine today ...