Religion and the Law in America: An Encyclopedia of Personal Belief and Public Policy

682 Pages·2007·24.6 MB·English

by  Scott A. Merriman

RELIGION
AND THE LAW
IN AMERICA
RELIGION
AND THE LAW
IN AMERICA
An Encyclopedia of Personal Belief
and Public Policy
VOLUME 1
Scott A. Merriman
Santa Barbara, California Denver, Colorado Oxford, England
Copyright 2007 by ABC-CLIO, Inc.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted, in any form or by any means, electronic, mechanical, photocopy-
ing, recording, or otherwise, except for the inclusion of brief quotations in a review, with-
out prior permission in writing from the publishers.
Library of Congress Cataloging-in-Publication Data
Merriman, Scott A.
Religion and the law in America : an encyclopedia of personal belief and public policy /
Scott A. Merriman.
p. cm.
Includes bibliographical references and index.
978-1-85109-863-7 (hardcopy : alk. paper) — 978-1-85109-864-4 (ebook)
1. Freedom of religion—United States—Encyclopedias. 2. Religion and law—
United States—Encyclopedias. 3. Church and state—United States—Encyclopedias.
4. Religion and law—United States—Cases. I. Title.
KF4783.A68M47 2007
342.7308’5203—dc22
2007002579
11 10 09 08 07 1 2 3 4 5 6 7 8 9 10
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To my mentors who have been teachers,
inspirers, believers, prophets, and friends;
to my wife, Jessie, who has been all of those
and more; and to my daughter, Caroline,
who makes me laugh and smile.
CONTENTS
VOLUME 1 Timeline,A–G
VOLUME 2 H–Z, Glossary
Introduction, xiii
Acknowledgments, xxi
VOLUME 1
TIMELINE, 1 The Supreme Court and the Establishment
Clause, 89
ESSAYS
Church-State Relations, 11
A
Freedom of Religion, 16 “Absolutist” interpretation of the First
Government Involvement in the Teaching of Amendment, 99
Creationism and Evolution, 23 Abstinence, government grants to force
Important Organizations in the Development teaching of, 101
of Religion and the Law, 28 Abuse of nonreligious conscientious objectors
Issues of Taxation and Funding and Religious in World War I, 103
Groups, 33 Abuse of religious conscientious objectors in
Major Court Cases Involving Religion in World War I, 104
U.S. Legal History, 38 ACLU—goals and efforts of the ACLU in
Personal Issues of Religion and State, 45 the area of religion, 105
Prayer and Bible Reading in Public ACLU of Kentucky v. McCreary County, 108
Schools, 51 Addition of “under God” to Pledge of
Religion and Issues of Employment, 57 Allegiance, 110
Religion and Politics in American Public African American draft resisters during the
Opinion and Public Attitudes toward the Vietnam War, 112
Free Exercise of Religion, 62 African American religious conscientious
Religion and Politics in the Framing of the objectors in World War II, 114
Constitution, 68 Agostini v. Felton, 116
Religion in Times of War, 72 Aguilar v. Felton, 118
Religious Proselytizers and the Law: One Airport Commissioners v. Jews for Jesus, 120
Person’s Religion versus Another’s Right
American Civil Liberties Union (ACLU)
to Be Left Alone, 79
establishment (NCLB at founding), 122
The Development of Religion and State in
American Indian Religious Freedom Act, 124
America and the World, 84
vii
viii CONTENTS
American Revolution’s effect on C
religion, 125 Cantwell v. Connecticut, 167
Americans United for Separation of Church Capital punishment and religious-based
and State, 127 opposition to it, 168
Ansonia Board of Education v. Philbrook, 128 Capitol Square Review and Advisory Board v.
Pinette, 170
Answers in Genesis, 130
Celebration of Halloween and singing
Avoidance of the issue of evolution in many
Christmas carols, 172
teaching standards, 131
Center for Law and Religious Freedom, 173
Chapman v. Thomas, 175
B
Baehr v. Lewin, 135 Cheema v. Thompson, 176
Jim and Tammy Faye Bakker scandal, 137 Church of the Holy Trinity v. United States, 177
Banning of suicide in law and its interaction Church of the Lukumi Babalu Aye v. City of
with religion, 139 Hialeah, 178
Battle against pornography—religious Comity doctrine between states in the area
elements, 139 of marriage and divorce, 180
Berg v. Glen Cove City School District, 140 Common law marriage, 182
Bible controversy and riots, 141 Confidentiality for religious figures, 183
Hugo Black, 143 Corporation of Presiding Bishop v. Amos, 184
Blaine Amendment, 145 County of Allegheny v. Greater
Pittsburgh ACLU, 185
Board of Education Kiryas Joel Village School v.
Grumet, 147 Creation Research Society, 187
Board of Education of Cincinnati v. Minor, 149 Creation Science Research Center, 188
Board of Education v. Pico, 150 Crowley v. Smithsonian Institution, 189
Board of Regents of the University of Wisconsin Cults, law’s treatment of people in, 190
System v. Southworth et al., 152
Curriculum of home schools and
Bob Jones University v. United States, 153 reporting, 193
Boerne v. Flores, 156 Custody battles, 195
Bowers v. Hardwick, 158 Cutter v. Wilkinson, 196
Boy Scouts of America v. Dale, 159
Brandeis nomination and service on the D
Supreme Court, 161 Dawes Severalty Act and the banning of
Native American religions, 199
Braunfeld v. Brown, 162
Discovery Institute, 201
Bronx Household of Faith v. Community School
District No. 10, 164 Divorce, marriage, and religion, 203