This book examines the constitutional and statutory protections related to free exercise of religion, including current Supreme Court interpretations, as well as judicial and legislative avoidance of defining the parameters of religious belief. It also discusses significant examples of existing religious exemptions in current law, including employment non-discrimination, health care, and public accommodations law. It analyses recent federal judicial decisions that have considered the religious freedom rights of commercial entities whose owners have religious objections to the contraceptive coverage requirement. The book then continues to discuss church and campaign activity; legal issues associated with religious exemptions to photo identification laws; and prayer and religious expression in public institutions.

Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

First Amendment rights have been among the most fiercely debated topics in the aftermath of 9/11. In the current environment and fervor for “homeland security,” personal freedoms in exchange for security are coming under more scrutiny. Among these guaranteed freedoms are the protection of religious expression given by the U.S. Constitution and the constitutional prohibitions against behaviors that violate the separation of church and state. The mandate that the government “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” is a general principle that has guided American courts in interpreting the original intent of the First Amendment. In Religious Expression and the American Constitution, Haiman focuses on the current state of American law with respect to a broad range of controversial issues affecting religious expression, both verbal and nonverbal, along with a review of the recent history of each issue to provide a full understanding.

The United States Supreme Court in Burwell v. Hobby Lobby held that for-profit businesses may claim a statutory right to an exemption from federal laws that burden their religious expression. The Court ostensibly limited the decision to its facts, but more commercial actors likely will seek religious exemptions in the years ahead.This Article offers a first look at steps government might take if this occurs. It steps beyond the vigorous debate over whether to grant an exemption, and explores alternatives that may mitigate third-party burdens imposed by such exemptions when granted. It examines in particular an “exemption-subject-to-notice” option, under which commercial actors would be required to provide notice to adversely affected third parties or would be subject to government-provided notice of their noncompliance.A notice condition on exit from generally applicable laws is not a problem-free option. Nevertheless, it is worth exploring as a third way for government to manage the inevitable liberty collisions of a pluralistic democracy, and is a superb vehicle for illuminating the relative costs of emerging regulatory patchworks.

Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.