Law and Religion

Catalog description

In recent sessions, the Supreme Court handed down a number of religion clause decisions including one that expanded the category of employers who could deny contraceptive services benefits to their employees; another that affirmed the right of religious institutions to receive state funds that are being offered to non-religious parties; and a third that declared religious institutions to be largely immune from discrimination claims made by teachers and others. These cases follow decisions that allowed bakers to refuse service to same-sex couples who wish to solemnize their unions and held that if the state funds the resurfacing of a public school playground it must also fund the resurfacing of a religious school playground. Together these decisions suggest a strengthening of the free exercise clause at the expense of the establishment clause. In this course we shall study the history that brought us to this moment, a history that includes the Court's attempts to define religion and to adjudicate the sometimes opposing demands of the two clauses. At stake finally is the deep question of the relationship between a liberal state committed to the equality before the law of all points of view and one point of view--religion--that insists on its precedence and supremacy. Final paper and a few short written responses to prepared questions.