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The Agnostic AgeLaw, Religion, and the Constitution$
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Paul Horwitz

Print publication date: 2010

Print ISBN-13: 9780199737727

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199737727.001.0001

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Constitutional agnosticism and the free exercise of religion

Constitutional agnosticism and the free exercise of religion

Chapter:
(p.171) 6 Constitutional agnosticism and the free exercise of religion
Source:
The Agnostic Age
Author(s):

Paul Horwitz (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199737727.003.0006

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

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