• "Lift High the Cross?" Contrasting the New European and American Cases on Religious Symbols on Government Property

    Author(s):
    Nina-Louisa Arola, John Witte, Jr. (see profile)
    Date:
    2011
    Item Type:
    Article
    Tag(s):
    Lautsi v Italy, Salazar v Buono, Crosses, Crucifixes, Decalogues, Law and Religion, First Amendment, Religious Symbols, Establishment Clause
    Permanent URL:
    http://dx.doi.org/10.17613/93vm-6x78
    Abstract:
    This Article shows that the European Court of Human Rights case of Lautsi v. Italy, upholding the display of a crucifix in an Italian state school classroom, compares favorably to recent United States Supreme Court cases that have upheld the display of crosses and Decalogues on public property. Both the European Court and the Supreme Court now grant greater deference to longstanding public displays of religion, to local decision-making about which religious symbols to maintain, and to the social utility and value of having public displays of religion in a pluralistic democratic society. Moreover, they have come to hold that protection of religious freedom does not require the secularization of society, but protection against coerced participation in or support for religion.
    Metadata:
    xml
    Published as:
    Journal article     Show details
    Pub. Date:
    2011
    Journal:
    Emory International Law Review
    Volume:
    25
    Page Range:
    5 - 56
    Status:
    Published
    Last Updated:
    4 years ago
    License:
    All Rights Reserved
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