In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.

This is the most thorough philosophical analysis available of the principle of religious freedom. It draws on the thought of philosophers and political theorists (Rawls, Habermas, Murray, Rorty, Greenawalt, and Mead) rather than on the framers of the Constitution and the Bill of Rights.

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Americans love religious freedom. Few agree, however, about what they mean by either “religion” or “freedom.” Rather than resolve these debates, Finbarr Curtis argues that there is no such thing as religious freedom. Lacking any consistent content, religious freedom is a shifting and malleable rhetoric employed for a variety of purposes. While Americans often think of freedom as the right to be left alone, the free exercise of religion works to produce, challenge, distribute, and regulate different forms of social power. The book traces shifts in the notion of religious freedom in America from The Second Great Awakening, to the fiction of Louisa May Alcott and the films of D.W. Griffith, through William Jennings Bryan and the Scopes Trial, and up to debates over the Tea Party to illuminate how Protestants have imagined individual and national forms of identity. A chapter on Al Smith considers how the first Catholic presidential nominee of a major party challenged Protestant views about the separation of church and state. Moving later in the twentieth century, the book analyzes Malcolm X’s more sweeping rejection of Christian freedom in favor of radical forms of revolutionary change. The final chapters examine how contemporary controversies over intelligent design and the claims of corporations to exercise religion are at the forefront of efforts to shift regulatory power away from the state and toward private institutions like families, churches, and corporations. The volume argues that religious freedom is produced within competing visions of governance in a self-governing nation.

This book offers a new perspective on religious freedom. Its central theme is to elucidate the meaning of religion and freedom in discussions related to religious freedom and the place of religion in the public square. One often hears that either religion must be tamed by restricting its access to public power, or that in the name of neutrality and equality no religious reasoning may be used in the political sphere, as it may be coercive to other worldviews. There is also the idea that “religion” is a feature of human life essentially distinct from “secular” features such as politics and economics, and which has a peculiarly dangerous inclination to promote violence. Thus, the meaning of religious freedom in the twenty-first century seems uncertain. For that reason, it is necessary to clarify the meaning of religious freedom, especially in relation to the public sphere, in order to offer an answer that will guide us in discerning issues of religious freedom.

The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.

The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value, Meyerson concludes. Now it is for us to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.