By C. Barner-Barry
This booklet explores the felony bias within the usa opposed to Paganism and different non-Christian religions. regardless of being some of the most religiously varied international locations on the earth, the U.S. felony procedure built whilst the inhabitants used to be predominantly Christian. equipped into the legislation is the tacit assumption that each one religions and spiritual practices resemble Christianity. utilizing the Pagans as a case learn, Barner-Barry exhibits how their stories reveal that either the legislation affecting nondominant religions and the judiciary that translates this legislations are considerably biased in desire of the dominant faith, Christianity. This creates criminal difficulties, in addition to difficulties of intolerance, for religions with considerably assorted practices. certain consciousness is given to a chain of excellent courtroom judgements studying the liberty of faith Clause by way of neutrality and reading the institution Clause loosely and its impression on nondominant religions within the US.
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Extra resources for Contemporary Paganism Religions in a Majoritarian America
Farrar and Farrar, 1984, 43; also Starhawk, 1989, 90–91). Within this general framework, most Pagans focus on the earth as the most personally relevant locus of the divine. Many regard their beliefs as a revival, or reemergence of an ancient nature-religion. This is perceived as “the most ancient of religions, in which the earth was worshiped as a woman under different names and guises throughout the inhabited world” (Luhrmann, 1989, 45). This view, however, is controversial. There are those, notably Aidan A.
And] under the Act, any law, even a neutral law of general applicability, is subject to the strict scrutiny standard where the law substantially burdens the free exercise of religion” (2004 Fla. LEXIS 1449, 35). Thus, it would seem—initially, at least—that state-level RFRAs can withstand judicial scrutiny. This is, however, only an early and inconclusive example. A further issue, however, is whether the protection of religious freedom should be left to legislative bodies. For example, Ira Lupu (1999, 577) argues that the difficulties of drafting such legislation are “insurmountable” and that the activity of politically influential religious interest groups distorts the laws in favor of their preferences and needs.
He points out that “any plausible secular purpose can validate a law even though the actual purpose was religious. ” In other words, “those able to command majorities get the protection of the Court, while those too weak to have a voice in the democratic process do not” (Metz, 1998, 275; Gordon, 1997, 90–91). In 2001, Diana L. Eck of Harvard’s Pluralism Project published a book called A New Religious America. The subtitle was How a “Christian Country” Has Become the World’s Most Religiously Diverse Nation.