When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.

A theory of religious freedom for the modern era that uses natural law from ancient Greek, Jewish, Christian and Islamic sources.

Argues that a return to a more secular America will promote religious diversity and freedom, and help eliminate the widening divide between religious conservatives and staunch atheists.

The 1993 government assault on the Branch Davidian compound near Waco, Texas, resulted in the deaths of four federal agents and eighty Branch Davidians, including seventeen children. Whether these tragic deaths could have been avoided is still debatable, but what seems clear is that the events in Texas have broad implications for religious freedom in America. James Tabor and Eugene Gallagher's bold examination of the Waco story offers the first balanced account of the siege. They try to understand what really happened in Waco: What brought the Branch Davidians to Mount Carmel? Why did the government attack? How did the media affect events? The authors address the accusations of illegal weapons possession, strange sexual practices, and child abuse that were made against David Koresh and his followers. Without attempting to excuse such actions, they point out that the public has not heard the complete story and that many media reports were distorted. The authors have carefully studied the Davidian movement, analyzing the theology and biblical interpretation that were so central to the group's functioning. They also consider how two decades of intense activity against so-called cults have influenced public perceptions of unorthodox religions. In exploring our fear of unconventional religious groups and how such fear curtails our ability to tolerate religious differences, Why Waco? is an unsettling wake-up call. Using the events at Mount Carmel as a cautionary tale, the authors challenge all Americans, including government officials and media representatives, to closely examine our national commitment to religious freedom.

‘Islamophobia’ is a term that has existed since the nineteenth century. But in recent decades, argues Pascal Bruckner in his controversial new book, it has become a weapon used to silence criticism of Islam. The term allows those who brandish it in the name of Islam to ‘freeze’ the latter, making reform difficult. Whereas Christianity and Judaism have been rejuvenated over the centuries by external criticism, Islam has been shielded from critical examination and has remained impervious to change. This tendency is exacerbated by the hypocrisy of those Western defenders of Islam who, in the name of the principles of the Enlightenment, seek to muzzle its critics while at the same time demanding the right to chastise and criticize other religions. These developments, argues Bruckner, are counter-productive for Western democracies as they struggle with the twin challenges of immigration and terrorism. The return of religion in those democracies must not be equated with the defence of fanaticism, and the right to religious freedom must go hand in hand with freedom of expression, an openness to criticism, and a rejection of all forms of extremism. There are already more than enough forms of racism; there is no need to imagine more. While all violence directed against Muslims is to be strongly condemned and punished, defining these acts as ‘Islamophobic’ rather than criminal does more to damage Islam and weaken the position of Muslims than to strengthen them.

A New York Times Notable Book This remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. The Lustre of Our Country demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world. Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law. Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law—he discusses abolition, temperance, and civil rights—and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. The Lustre of Our Country is a celebration of religious freedom—a personal and profound statement on what the author considers America's greatest moral contribution to the world.