Chapter

A Legal Strategy for Addressing Religious Lawmaking

Lucinda Peach

in Legislating Morality

Published in print March 2002 | ISBN: 9780195143713
Published online February 2006 | e-ISBN: 9780199786053 | DOI: http://dx.doi.org/10.1093/019514371X.003.0008
 A Legal Strategy for Addressing Religious Lawmaking

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This chapter describes a legal strategy that accommodates both the rights of religious lawmakers to the free exercise of their religious convictions and the free exercise and Citizenship Rights of other citizens. The proposed legal assessment model is based on an expanded test for Establishment Clause violations. It invalidates religiously influenced laws in a limited range of circumstances when Establishment Concerns are present, and when infringements on Citizenship Rights cannot be fully justified by a secular rationale and/or by a compelling state interest.

Keywords: religious lawmaking; establishment concerns; citizenship rights; establishment clause

Chapter.  11561 words. 

Subjects: Philosophy

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