Law Commons^™

How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe

Nelson Tebbe

No abstract provided.

Revisiting The American Church-State Relationship: The Trinity Lutheran Church Case, Jack Van Der Slik

Pro Rege

No abstract provided.

Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella

West Virginia Law Review

No abstract provided.

Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc

Georgia Journal of International & Comparative Law

No abstract provided.

Civil Rights, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

The Tension Between Equal Protection And Religious Freedom, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The Constitution did not become our basic law at a single point in time. We ratified its first seven articles in 1788 but have since amended it 27 times. Many of these amendments memorialize fundamental shifts in values. Thus, it should come as no surprise to learn that the Constitution is not an internally consistent document."

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"Other constitutional provisions -- even provisions that were simultaneously enacted -- protect freedoms that can come into conflict with one another. The First Amendment, for example, promises both freedom from governmental endorsement of religion and freedom from governmental interference with religious practice. …

Maintaining Religious Identity In Hiring In Faith-Based Schools: A Comparative Analysis Of Australia And The United States, Keith Thompson, Charles J. Russo

Law Papers and Journal Articles

Even as Australia and the United States (US) are becoming increasingly secularised, they retain a significant number of faith-based primary and secondary schools. Aware of the tension between changing societal norms and the freedoms associated with religious institutions, the main part of this paper is divided into two sections. The first part surveys the relevant constitutional and anti-discrimination laws in Australia and the US along with exemplary litigation on how these statutes are applied. The second section offers six suggestions for school administrators who are wrestling with the challenge of preserving the faith-based ethos in their schools in the face …

State Neutrality In Religious Affairs -- Civil Servants And Religious Dress, Simon Pelsmakher

Canada-United States Law Journal

This article examines the question of whether civil servants have the right to wear religious dress in Canada, the United States, and Europe.

It loos at different policies regarding the relationship between state neutrality and religious affairs, freedom of religion, and equality, and argues that civil servants should have the right to wear religious dress, without violating laws pertaining to neutrality.

Freedom Of Religion And Freedom Of Speech - The United States, Australia And Singapore Compared, Keith Thompson

Law Papers and Journal Articles

Freedom of Religion (more correctly, freedom of conscience, belief and religion under the International Covenant on Civil and Political Rights 1966 (ICCPR)), and Freedom of Speech have been logically tied together since human beings were sentient creatures. The two rights are inseparably connected by logic, since one cannot speak freely unless one has the freedom of conscience to think out something to say. For this reason, the two rights were combined in the First Amendment to the US Constitution in 1789 and that joinder has cemented the connection ever since even though the extrapolation of the two rights …