Download Contemporary Paganism Religions in a Majoritarian America by C. Barner-Barry PDF

By C. Barner-Barry

ISBN-10: 1403964416

ISBN-13: 9781403964410

This publication explores the criminal bias within the usa opposed to Paganism and different non-Christian religions. regardless of being essentially the most religiously various nations on the planet, the U.S. criminal procedure built whilst the inhabitants used to be predominantly Christian. equipped into the legislations is the tacit assumption that each one religions and non secular practices resemble Christianity. utilizing the Pagans as a case examine, Barner-Barry exhibits how their stories exhibit that either the legislation affecting nondominant religions and the judiciary that translates this legislation are considerably biased in desire of the dominant faith, Christianity. This creates criminal difficulties, in addition to difficulties of intolerance, for religions with considerably diversified practices. exact awareness is given to a sequence of ultimate courtroom judgements studying the liberty of faith Clause when it comes to neutrality and examining the institution Clause loosely and its effect on nondominant religions within the US.

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Sample text

Pagans are very aware that if the natural world and its processes are regarded as sacred, humans will be more hesitant to manipulate them without giving deep thought to the consequences. Such a value system can make people more inclined to limit the amount of interference to that which is absolutely necessary. During much of the past, including the twentieth century, decisions to modify or manipulate the natural world and natural processes have traditionally been made on economic grounds with little or no attention paid to the ecological consequences.

For him, the current situation amounts to the “de facto establishment of Christianity” (1997, 267). Facially neutral laws, no matter how much damage they do to an adherent’s ability to worship freely and to have their religiously motivated values respected (Note 1987a, 610; Note, 1987b, 1637–1739), are virtually untouchable under the current interpretation of the free exercise clause. Whether the free speech clause or other constitutional doctrines will give them adequate protection remains to be seen.

Ct. 1595) upheld state action that denied two members of the Native American Church unemployment compensation in a situation where their sacramental use of peyote7 had resulted in dismissal from their jobs. Justice Scalia, writing for a majority of five justices, abandoned the 1963 Sherbert test. He found the Sherbert test unacceptable because it required judges to “weigh the social importance of all laws against the centrality of all religious beliefs” (110 S. Ct. 1595, 1606). The Smith case established the test of facial neutrality as the authoritative interpretation 18 / contemporary paganism of the Free Exercise Clause.

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Contemporary Paganism Religions in a Majoritarian America by C. Barner-Barry


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