Marci A. Hamilton, God vs. the Gavel: Religion and the Rule of Law (Cambridge UP, 2014)

Published: June 7, 2014, 12:27 p.m.

The constitution guarantees Americans freedom of religious practice and freedom from government interference in the same same. But what does religious liberty mean in practice? Does it mean that the government must permit any religious practice, even one that\u2019s nominally illegal? Clearly not. You can\u2019t shoot someone even if God tells you to. Does it mean, then, that religious liberty is a sort of fiction and that the government can actually closely circumscribe religious practice? Clearly not. The government can\u2019t ban a putatively religious practice just because it\u2019s expedient to do so.\n\nSo where\u2019s the line? In\xa0God vs. the Gavel: The Perils of Extreme Religious Liberty\xa0(Cambridge University Press, Second Edition, 2014),\xa0Marci A. Hamilton\xa0argues that it\u2019s shifting rapidly. Traditionally, the government, congress, and courts agreed that though Americans should enjoy extensive religious freedom, that freedom did not include license to do anything the religious might like. A sensible accommodation between church and state had to be made so that both the church and state could do their important work.\n\nAccording to Hamilton, in \xa0recent decades radical religious reformers have mounted a successful campaign to throw the idea of a sensible accommodation out the window. They have expanded the scope of religious liberty and thereby limited the ability of the government to protect citizens generally. In this sense, she says, religion\u2013a force for great social good, in her mind\u2013has been made into an instrument of harm for many Americans. Listen in.\nLearn more about your ad choices. Visit megaphone.fm/adchoices\nSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law