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Foreword to the 2005 Edition
Published online by Cambridge University Press: 05 November 2014
Summary
Judge Edward R. Becker, for whom I clerked, was one of the “greats” to use one of his own favorite phrases. He was a brilliant jurist with a practical bent. But he also had a big heart, and knew your cousins, whoever you were. Sadly, he passed away May 19, 2006. Judge Becker graciously agreed to write the following Foreword for the first edition, and I continue to be very grateful. He is sorely missed.
Marci A. Hamilton, March 4, 2014The role of religion in a free society, once a subject of benign and lofty discourse, has become a raging controversy in both the private and public arenas. While few in America challenge the multifarious benefits of religion to the individual believer and to society as a whole, there are sharply divergent views as to the extent to which notions of religious liberty immunize religious conduct from sanction when it interferes with public health, safety, and welfare.
In recent years, religious entities, often with the assistance of legislatures and courts, have advocated a presumptive constitutional right to avoid the law pursuant to the federal and state free exercise of religion guarantees, arguing that the First Amendment, the Due Process Clause, and separation of powers render them immune from some legal requirements and precepts. Opponents of these initiatives have responded that this approach is at odds with American culture and legal tradition.
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- God vs. the GavelThe Perils of Extreme Religious Liberty, pp. 361 - 362Publisher: Cambridge University PressPrint publication year: 2014