LAW-2233 Religion & the Law
Freedom of Religion is the "first freedom" protected by the Bill of Rights. But what, exactly, are the content, implications, and foundations of this freedom? This course examines the First Amendment's free exercise and establishment clauses, as well as related federal and state statutes. Although the course focuses on modern Supreme Court cases and legal doctrine, it also addresses the historical and theoretical foundations of religious freedom. Topics to be discussed include, among others, exemptions from generally applicable laws for religious belief and conduct, religious expression and activity in public spaces, religion and public education, public aid to religious institutions, tensions between the free exercise and establishment clauses, religious institutions' claims to legal autonomy, and the challenge of defining "religion" for purposes of constitutional law. There will also be limited comparative discussion of the treatment of religious freedom in other legal systems. Grading in the course will be based upon class participation, a few short analytical papers responding to the assigned readings, and a take-home final examination. [734] Course updated: March 7, 2017