Church State Corporation - Construing Religion in US LawAuthor :
Paperback
Published : Wednesday 15 July 2020
Description
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is â?othe church,â?? and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how â?othe churchâ?? as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the groupâ?"whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobbyâ?"over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the â?ochurch-shaped spaceâ?? in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
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