Introduction &User Guide...xiii An Essential Historical Background...xvii

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1 Contents Introduction &User Guide...xiii An Essential Historical Background...xvii Religion and the Law A Abington School District v. Schempp... 1 ABOLITION... 3 ABORTION... 5 ACCOMMODATION OF RELIGIOUS BELIEF...10 ACCOMMODATIONIST (OR NONPREFERENTIALIST)...13 ACLU Nebraska Foundation v. City of Plattsmouth...14 ADOPTION...19 ADULTERY...20 Aguilar v. Felton...21 Allegheny County v. American Civil Liberties Union...23 AMERICAN CIVIL LIBERTIES UNION...24 AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE...25 AMISH EXCEPTION...26 ANTI-DEFAMATION LEAGUE...27 ASYLUM...28 ATHEISM...30 B Baker v. Fales...33 BANKRUPTCY...34 BECKER AMENDMENT...36 BELIEF-CONDUCT DICHOTOMY...40 BIBLE DISTRIBUTION AT PUBLIC SCHOOLS...42 BIBLE,READING OF...44 BILL OF RIGHTS...45 BLACK CHURCH...46 BLAINE AMENDMENT...48 BLASPHEMY...48 BLOOD TRANSFUSIONS...51 Board of Education v. Allen...52 Board of Education v. Grumet...53 Board of Education v. Mergens...55 Board of Trustees v. McCreary...56 v

2 vi Bob Jones University v. United States...58 Boerne, City of v. Flores...59 Bowen v. Kendrick...62 Bowen v. Roy...63 Bradfield v. Roberts...63 Braunfeld v. Brown...64 Bronx Household of Faith v. Board of Education for the City of N.Y Burstyn, Inc. v. Wilson...68 C CALIFORNIA MISSIONS PRESERVATION ACT...69 CANON LAW...70 Cantwell v. Connecticut...71 CAPITAL PUNISHMENT...73 Catholic Charities of the Diocese of Albany v. Serio...76 CEREMONIAL DEISM...77 CHAPLAINS...78 CHARITABLE CHOICE PROVISION...79 CHARITABLE CORPORATION...82 CHARITABLE DEDUCTION...84 CHARITABLE IMMUNITY...85 CHARITABLE TRUST...88 CHARITY...91 CHILD BENEFIT THEORY...95 CHILD CUSTODY...97 CHRISTIAN LEGAL SOCIETY...97 CHRISTIAN NATION...98 CHRISTIAN SCIENTIST CHURCH...98 CHURCH AND STATE CHURCH ARSON CHURCH AUTONOMY CHURCH AUTONOMY DISPUTES CHURCH AUTONOMY DOCTRINE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS (MORMON CHURCH) Church of Latter-day Saints v. Amos CHURCH RECORDS CHURCH TRIBUNALS CIVIC RELIGION CLERGY CLERGY,BENEFIT OF CLERGY MALPRACTICE CLERGY SEX ABUSE COLLECTIVE BARGAINING AGREEMENTS AND RELIGION Committee for Public Education and Liberty v. Regan COMMON LAW AND CHRISTIANITY CONSCIENTIOUS OBJECTOR CONTRACEPTION COUNCIL ON AMERICAN-ISLAMIC RELATIONS (CAIR) CRIMINAL CONDUCT

3 vii CULT CULTURE WARS Cutter v. Wilkinson D Davis v. Beason DEFENSE OF MARRIAGE ACT (DOMA) DEPROGRAMMING CASES DISESTABLISHMENT DIVISIVENESS DOCTRINE DIVORCE Doremus v. Board of Education DRUGS AND RELIGION DUE PROCESS CLAUSE E ECCLESIASTICAL CORPORATION ECCLESIASTICAL COURT ECCLESIASTICAL DISPUTES ECCLESIASTICAL LAW Edwards v. Aguillard Elk Grove Unified School District v. Newdow Employment Division v. Smith ENDORSEMENT TEST Engel v. Vitale ENLIGHTENMENT Epperson v. Arkansas ESTABLISHED CHURCH ESTABLISHMENT CLAUSE ETERNAL LAW EVANGELICAL MANIFESTO Everson v. Board of Education EXCESSIVE ENTANGLEMENT F FAITH HEALING FAITH-BASED INITIATIVES FAMILY LAW FEDERALISM FETAL RIGHTS FIRST AMENDMENT (U.S. CONSTITUTION) FLAG SALUTE CEREMONY FOREIGN POLICY Frazee v. Illinois Department of Employment Security FREE EXERCISE CLAUSE FREEDOM OF RELIGION FUNDAMENTAL RIGHT, RELIGIOUS FREEDOM AS A G Gillette v. United States Goldman v. Weinberger Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal

4 viii GOVERNMENT AID TO PRIVATE SCHOOLS GOVERNMENT AID TO RELIGIOUS INSTITUTIONS Grand Rapids School District v. Ball GRASSLEY INVESTIGATION OF TELEVANGELISTS H HATE CRIMES Heffron v. International Society for Krishna Consciousness Hernandez v. Commissioner of Internal Revenue HOLIDAY DISPLAYS HOME SCHOOLING HOMOSEXUALITY HUMAN RIGHTS CAMPAIGN I IN GOD WE TRUST INTERNATIONAL RELIGIOUS FREEDOM ACT OF J JEHOVAH S WITNESSES Jimmy Swaggart Ministries v. Board of Equalization Johnson v. Robison Jones v. Wolf JONESTOWN JUDAISM JUDICIAL APPOINTMENTS AND RELIGION JUDICIAL DEFERENCE AND RELIGION JURY SERVICE AND RELIGION K KENNEWICK MAN CASE L Larkin v. Grendel s Den, Inc Larson v. Valente Lemon v. Kurtzman Levitt v. Committee for Public Education Lynch v. Donnelly Lyng v. Northwest Indian Cemetery Protective Association M JAMES MADISON S MEMORIAL AND REMONSTRANCE AGAINST RELIGIOUS ASSESSMENTS Marsh v. Chambers MARYLAND TOLERATION ACT (1649) MASSACHUSETTS BAY COLONIAL CHARTERS (1629, 1691) McCollum v. Board of Education McCreary County v. ACLU McDaniel v. Paty MEDICAL TREATMENT MILITARY CHAPLAINS Minersville School District v. Gobitis MINISTERIAL EXEMPTION MOMENT OF SILENCE MOMENT OF SILENCE CASES

5 ix MORMON CASES Mueller v. Allen MUSLIM CHARITIES MUTUAL ABSTINENCE N NATIVE AMERICAN RELIGIONS NATURAL LAW NEGLIGENCE AND RELIGIOUS ORGANIZATIONS NEUTRALITY STANDARD NEW RELIGIOUS MOVEMENT (NRM) NONPROFIT CORPORATION Norwood v. Harrison O O Lone v. Estate of Shabazz ORIGINAL INTENT P PAGANS/WICCANS PEOPLE FOR THE AMERICAN WAY /PEOPLE FOR THE AMERICAN WAY FOUNDATION PHARMACISTS CONSCIENCE CLAUSE Pierce v. Society of Sisters PLACE OF WORSHIP PLEDGE OF ALLEGIANCE POLYGAMY PRISONS AND PRISONERS PRIVACY PROPERTY TAX EXEMPTION PROSELYTIZING PROSPERITY GOSPEL PROTESTANTISM PUBLIC FORUM PUBLIC OFFICE PUBLIC SCHOOL CURRICULUM PUBLIC SCHOOL FACILITIES,ACCESS OF RELIGIOUS GROUPS TO PUBLIC SPACE AND RELIGION R RACIAL DISCRIMINATION, BASED ON RELIGION REGISTRATION OF RELIGIOUS ORGANIZATIONS RELEASED-TIME PROGRAMS RELIGION AND POLITICS RELIGION,DEFINITION OF RELIGION IN THE WORKPLACE GUIDELINES RELIGIOUS BELIEF,DEFINITION OF RELIGIOUS BELIEF,SINCERITY AND TRUTH OF RELIGIOUS BROADCASTING RELIGIOUS COLLEGES AND UNIVERSITIES RELIGIOUS DISCRIMINATION RELIGIOUS DISCRIMINATION IN EMPLOYMENT RELIGIOUS ESTABLISHMENT

6 x RELIGIOUS EXEMPTIONS RELIGIOUS EXPRESSION RELIGIOUS FREEDOM RELIGIOUS FREEDOM AMENDMENT (1997) RELIGIOUS FREEDOM RESTORATION ACT (1993) RELIGIOUS FUNDAMENTALISM RELIGIOUS GARB RELIGIOUS HOLIDAYS, GOVERNMENT CELEBRATION OF RELIGIOUS INSTRUCTION IN PUBLIC SCHOOLS RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) RELIGIOUS LIBERTY RELIGIOUS LIBERTY PROTECTION ACT RELIGIOUS OATHS RELIGIOUS ORGANIZATION RELIGIOUS PERSECUTION RELIGIOUS PLURALISM RELIGIOUS PROPERTY RELIGIOUS PROTECTION LEGISLATION RELIGIOUS PURPOSES RELIGIOUS SOLICITATION, REGULATION OF RELIGIOUS SYMBOLS AND LANGUAGE RELIGIOUS TERRORISM RELIGIOUS TESTS Reynolds v. United States ROMAN CATHOLIC CHURCH S SAME-SEX MARRIAGE SCHOOL CHOICE SCHOOL PRAYER SCIENTOLOGY SCOPES TRIAL SEPARATIONIST SEPTEMBER 11TH ATTACKS AND RELIGION SHARED-TIME PROGRAMS Sherbert v. Verner SIKHS SOCIAL GOSPEL Staley v. Harris Co STANDING TO SUE Stone v. Graham SUICIDE SUNDAY CLOSING LAWS T TAX EXEMPTIONS AND RELIGION TEN COMMANDMENTS Texas Monthly, Inc. v. Bullock TEXTBOOKS AND RELIGION Thomas v. Review Board

7 xi Thornton v. Caldor Tilton v. Richardson TIME,PLACE, AND MANNER RESTRICTIONS TITHES/TITHING Tony and Susan Alamo Foundation v. Secretary of Labor Torcaso v. Watkins TORTS AND RELIGIOUS ORGANIZATIONS TUITION TAX DEDUCTIONS OR CREDITS U UNEMPLOYMENT COMPENSATION AND RELIGION UNENUMERATED RIGHTS UNITED NATIONS DECLARATIONS AND RESOLUTIONS ON RELIGION United States v. Ballard United States v. Lee V VACCINATIONS Van Orden v. Perry VIRGINIA STATUTE OF RELIGIOUS FREEDOM (1777) VOUCHERS W WALL OF SEPARATION METAPHOR Wallace v. Jaffree Walz v. Tax Commission Watson v. Jones WELFARE REFORM ACT OF Welsh v. United States West Virginia State Board of Education v. Barnette Widmar v. Vincent Wisconsin v. Yoder Witters v. Washington Department of Services for the Blind Wolman v. Walter WORKPLACE RELIGIOUS FREEDOM ACT Z Zobrest v. Catalina Foothills School District ZONE OF PERMISSIBLE ACCOMMODATION ZONING Zorach v. Clausen Primary Documents Chronology Table of Cases Table of Statutes For Further Reading Index About the Author Acknowledgments

RELIGIOUS FREEDOM AND THE SUPREME COURT

RELIGIOUS FREEDOM AND THE SUPREME COURT RONALD B. FLOWERS JOHN F. WEATHERLY EMERITUS PROFESSOR OF RELIGION TEXAS CHRISTIAN UNIVERSITY MELISSA ROGERS VISITING PROFESSOR OF RELIGION AND PUBLIC POLICY AND