Religion and the Law in America: An Encyclopedia of Personal Belief and Public Policy, 1st Edition

  • Scott A. Merriman
  • Published By:
  • ISBN-10: 185109864X
  • ISBN-13: 9781851098644
  • DDC: 342.7308
  • Grade Level Range: 9th Grade - College Senior
  • 1000 Pages | eBook
  • Original Copyright 2007 | Published/Released June 2010
  • This publication's content originally published in print form: 2007

  • Price:  Sign in for price



Does freedom of religion include freedom from religion? Where exactly did the founding fathers intend to draw the line between church and state when they wrote the First Amendment? Despite more than two centuries of debate and over 300 Supreme Court decisions, we have never arrived at satisfactory answers to these questions.

The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government -- and vice versa?

Religion and the Law in America explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A-Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans -- students, scholars, and lay readers alike -- with a deep understanding of one of the central, enduring issues in our history.

Table of Contents

Front Cover.
Half Title Page.
Title Page.
Copyright Page.
1: Timeline.
2: Essays.
3: Church-State Relations.
4: Freedom of Religion.
5: Government Involvement in the Teaching of Creationism and Evolution.
6: Important Organizations in the Development of Religion and the Law.
7: Issues of Taxation and Funding and Religious Groups.
8: Major Court Cases Involving Religion in U.S. Legal History.
9: Personal Issues of Religion and State.
10: Prayer and Bible Reading in Public Schools.
11: Religion and Issues of Employment.
12: Religion and Politics in American Public Opinion and Public Attitudes toward the Free Exercise of Religion.
13: Religion and Politics in the Framing of the Constitution.
14: Religion in Times of War.
15: Religious Proselytizers and the Law: One Person's Religion versus Another's Right to Be Left Alone.
16: The Development of Religion and State in America and the World.
17: The Supreme Court and the Establishment Clause.
18: “Absolutist” interpretation of the First Amendment.
19: Abstinence, government grants to force teaching of.
20: Abuse of nonreligious conscientious objectors in World War I.
21: Abuse of religious conscientious objectors in World War I.
22: ACLU-goals and efforts of the ACLU in the area of religion.
23: ACLU of Kentucky v. McCreary County.
24: Addition of “under God” to Pledge of Allegiance.
25: African American draft resisters during the Vietnam War.
26: African American religious conscientious objectors in World War II.
27: Agostini v. Felton.
28: Aguilar v. Felton.
29: Airport Commissioners v. Jews for Jesus.
30: American Civil Liberties Union (ACLU) establishment (NCLB at founding).
31: American Indian Religious Freedom Act.
32: American Revolution's effect on religion.
33: Americans United for Separation of Church and State.
34: Ansonia Board of Education v. Philbrook.
35: Answers in Genesis.
36: Avoidance of the issue of evolution in many teaching standards.
37: Baehr v. Lewin.
38: Jim and Tammy Faye Bakker scandal.
39: Banning of suicide in law and its interaction with religion.
40: Battle against pornography-religious elements.
41: Berg v. Glen Cove City School District.
42: Bible controversy and riots.
43: Hugo Black.
44: Blaine Amendment.
45: Board of Education Kiryas Joel Village School v. Grumet.
46: Board of Education of Cincinnati v. Minor.
47: Board of Education v. Pico.
48: Board of Regents of the University of Wisconsin System v. Southworth et al..
49: Bob Jones University v. United States.
50: Boerne v. Flores.
51: Bowers v. Hardwick.
52: Boy Scouts of America v. Dale.
53: Brandeis nomination and service on the Supreme Court.
54: Braunfeld v. Brown.
55: Bronx Household of Faith v. Community School District No. 10.
56: Cantwell v. Connecticut.
57: Capital punishment and religious-based opposition to it.
58: Capitol Square Review and Advisory Board v. Pinette.
59: Celebration of Halloween and singing Christmas carols.
60: Center for Law and Religious Freedom.
61: Chapman v. Thomas.
62: Cheema v. Thompson.
63: Church of the Holy Trinity v. United States.
64: Church of the Lukumi Babalu Aye v. City of Hialeah.
65: Comity doctrine between states in the area of marriage and divorce.
66: Common law marriage.
67: Confidentiality for religious figures.
68: Corporation of Presiding Bishop v. Amos.
69: County of Allegheny v. Greater Pittsburgh ACLU.
70: Creation Research Society.
71: Creation Science Research Center.
72: Crowley v. Smithsonian Institution.
73: Cults, law's treatment of people in.
74: Curriculum of home schools and reporting.
75: Custody battles.
76: Cutter v. Wilkinson.
77: Dawes Severalty Act and the banning of Native American religions.
78: Discovery Institute.
79: Divorce, marriage, and religion.
80: Donahoe v. Richards.
81: Doremus v. Board of Education.
82: Duro v. District Attorney, Second Judicial District of North Carolina.
83: Edwards v. Aguillard.
84: EEOC v. Kamehameha Schools/Bishop's Estate.
85: Elk Grove Unified School District v. Newdow.
86: Employment Division v. Smith.
87: Engel v. Vitale.
88: Epperson v. Arkansas.
89: Equal Access Act of 1984.
90: Equal time laws.
91: Established churches in colonial America.
92: Establishment of Pennsylvania as religious colony for Quakers.
93: Estate of Thornton v. Caldor.
94: Everson v. Board of Education.
95: Failure to treat due to religious beliefs.
96: Fairfax Covenant Church v. Fairfax City School Board.
97: Farrington v. Tokushige.
98: Federal income tax and religion.
99: Fike v. United Methodist Children's Home of Virginia, Inc..
100: First Amendment.
101: Flast v. Cohen.
102: Footnote Four of United States v. Carolene Products Company.
103: Felix Frankfurter.
104: Gay marriage.
105: General legal treatment of Mormons.
106: Ghost Dance Massacre.
107: Gitlow v. New York.
108: Goldman v. Weinberger.
109: Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal.
110: Good News Club v. Milford Central School.
111: Good News/Good Sports Club v. School District of the City of Ladue.