• "Come Now Let Us Reason Together": Restoring Religious Freedom in America and Abroad"

    Author(s):
    Joel A. Nichols, John Witte, Jr. (see profile)
    Date:
    2016
    Subject(s):
    Law, Religion
    Item Type:
    Article
    Tag(s):
    Religious Freedom, Free Exercise Clause, Establishment Clause, Religious Freedom Restoration Act, freedom of conscience, Law and Religion, First Amendment
    Permanent URL:
    http://dx.doi.org/10.17613/k2aw-h465
    Abstract:
    This Article challenges the criticisms of religious freedom that have emerged among recent academics and politicians, and the growing subordination of religious freedom to sexual freedom claims. In particular, we analyze recent critical scholarship that claims that religious liberty was not important to the American founders and that calls for the removal of special religious exemptions and accommodations because they are said to threaten other fundamental rights and to privilege religion unfairly. These critical arguments we find historically false, philosophically misguided, sociologically one-sided, and increasingly dangerous given the perilous state of religious freedom around the world today. We call for a return to the founders’ insights that religion deserves special constitutional protection and that religious freedom must be open to all forms of religion and belief. We also call for a proper balancing of the enduring principles of freedom of conscience, free exercise of religion, religious pluralism, religious equality, separation of church and state, and disestablishment of religion, which together have helped forge the unique protection of religious freedom that America holds out to all its citizens, and to the world.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    4 years ago
    License:
    All Rights Reserved
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