Chapter

Constitutional agnosticism and the free exercise of religion

Paul Horwitz

in The Agnostic Age

Published in print December 2010 | ISBN: 9780199737727
Published online May 2011 | e-ISBN: 9780199895267 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199737727.003.0006
Constitutional agnosticism and the free exercise of religion

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This chapter focuses on the Free Exercise Clause of the First Amendment, as the Supreme Court moves away from the use of the legal regime to a more integrated scheme of observing justice to encompass the rights of religious believers. With this in mind, it might mean that the needs of the state will then be congruent with the necessities of society eradicating the problems between religious commitment and legislative authority. Two examples were illustrated: that of Goldman v. Weinberger, and Lyng v. Northwest Indian Cemetery Protective Association. Constitutional agnosticism, as a conclusion, contends that disputes of one's religious beliefs should not be readily discarded; instead, this thought crosses the gaps between an individual's actual doings and social customs, and his/her religious dispositions.

Keywords: religious commitment; constitutional agnosticism; Supreme Court; legislative authority

Chapter.  26358 words. 

Subjects: Constitutional and Administrative Law

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