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Full-Text Articles in Law
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Richard W Garnett
The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious …
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Richard W Garnett
This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …
Hesburgh Lecture: Faith, Politics, And The Constitution: Understanding The Separation Of Church And State, Richard Garnett
Hesburgh Lecture: Faith, Politics, And The Constitution: Understanding The Separation Of Church And State, Richard Garnett
Richard W Garnett
Rick Garnett delivered Faith, Politics, and the Constitution: Understanding the Separation of Church and StateSeptember 19, 2014 Hesburgh Lecture Ares Auditorium The University of Arizona James E. Rogers College of Law Tucson, Arizona
Hesburgh Lecture Series: "Faith, Politics And The Constitution", Richard W. Garnett
Hesburgh Lecture Series: "Faith, Politics And The Constitution", Richard W. Garnett
Richard W Garnett
Professor Rick Garnett will deliver the Hesburgh Lecture Series "Faith, Politics and the Constitution" March 10, 2014 at 7 pm University of Montana School of Law ~ Castles Center Presented by: University of Montana School of Law and University of Notre Dame
Christian Witness, Moral Anthropology, And The Death Penalty, Richard W. Garnett
Christian Witness, Moral Anthropology, And The Death Penalty, Richard W. Garnett
Richard W Garnett
In this essay, I consider - in the context of our ongoing debates about capital punishment - the question, what role ought religious beliefs play in a pluralistic democratic society that often presumes strict boundaries between matters of private faith and political life? I suggest, first, that we should resist the imposition of such strict boundaries between matters of private faith and political life and, second, that in the context of our public arguments about the death penalty, engaged Christians should not merely to baptize the policy analyses and preferences of abolitionist or other interest groups, but should instead propose …
Individuals Institutions Religious Freedom Poster Individuals, Institutions And Religious Freedom, November 29, 2012, Richard W. Garnett
Individuals Institutions Religious Freedom Poster Individuals, Institutions And Religious Freedom, November 29, 2012, Richard W. Garnett
Richard W Garnett
The BOISI CENTER for RELIGION and AMERICAN PUBLIC LIFE lecture.