Religion Law Commons^™

The Legal Origins Of Catholic Conscientious Objection, Jeremy Kessler

William & Mary Bill of Rights Journal

This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s—most especially regulations concerning the provision of contraception and abortion.

Over …

Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman

Popular Media

No abstract provided.

The Need For A Law Of Church And Market, Nathan B. Oman

Faculty Publications

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …

Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson

William & Mary Bill of Rights Journal

Religious discussion in American public schools is one of the more controversial issues in modern education. Ellen Johnson not only explains the American Atheists 'position on the issue, but also presents observations from the often-ignored Atheist perspective. Johnson's remarks serve to remind us that there are other views on the subject besides the popular opinions concerning accommodation and access to school facilities.