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

Law Commons

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

Articles 1 - 2 of 2

Full-Text Articles in Law

Protecting Religion Through Statute: The Mixed Case Of The United States, Jay D. Wexler Jan 2007

Protecting Religion Through Statute: The Mixed Case Of The United States, Jay D. Wexler

Faculty Scholarship

Various legislatures of the United States and those of other countries with transitional legal systems have much to learn from U.S. Congress's mixed record of protecting religious freedom through statute. While legal systems and religious culture differ tremendously worldwide, some general lessons transcend these variances. In this context, the successes and failures of the Religious Freedom Restoration Act, or RFRA, (1993) and Title VII of the Civil Rights Act (1964) are analyzed. Five major conclusions are reached, which focus on the danger of ambiguity and the need for clarity and strictness in order to prove a religious protection act effective.


Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow Jan 1998

Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …