The Distinctiveness of Religion in American Law

Kathleen A. Brady is a Senior Fellow at the Center for the Study of Law and Religion at Emory University, Atlanta. Her scholarship focuses on the intersection of law and religion, including the First Amendment religion clauses, religion in public life, law and theology, and Catholic social thought.

• Introduction; Part I. The Distinctiveness of Religion: 1. The development and limits of the equality paradigm; 2. The continuing power of the equality paradigm; 3. A unique relationship, a common foundation; 4. A new framework for religion clause jurisprudence; Part II. The Believer and the State: 5. Freedom of conscience today: rethinking free exercise exemptions; 6. Challenges to constructing a right of exemption that is feasible and fair; 7. Meeting the challenge: lessons from the first Congress; 8. New proposals for free exercise exemptions; 9. The role and limits of legislative and administrative accommodation; 10. Examining sincerity and defining religion; Conclusion: secular moral commitments revisited.

'Kathleen Brady's book confronts the most controversial and difficult question in the field of religious freedom: What are the grounds for the law to treat religion differently from other human activities, by protecting it from burdens imposed by generally applicable laws? When should such claims be protected, and what about claims of secular conscience that conflict with law? Brady's discussion of these issues and her answers are unfailingly thoughtful and honest - a model of scholarly contribution on a topic where much has been said but fundamental issues remain contested.' Thomas C. Berg, University of St Thomas School of Law, Minnesota