Wednesday, March 26, 2008

Book Review - Freedom of Religion

Something a little different but I think this New York Times' review is a good introduction to the law on the First Amendment's religion clauses: Liberty of Conscience.
"Constitution’s free exercise and establishment clauses, her premise is that “equality is the glue that holds the two clauses together.”A longtime enemy of elitism in a variety of guises, she fiercely resists the power of a majority religion, aided and abetted by the state, to create an in-group while subordinating out-groups. Nussbaum anchors the countervailing equality tradition in the writings of Roger Williams and James Madison. Williams, who had extensive friendly dealings with the Narragansett Indians, wrote into the charter for the Rhode Island colony a right to freedom of conscience that shocked the British. He coined the phrase “soule rape” for the limiting of religious expression that does not violate civil law or harm others."

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