Religious liberty and public accommodation laws : constitutional rights versus statutory obligations / Anthony Walsh.

Format:

Book

Author/Creator:

Walsh, Anthony, 1941- author.

Series:

Laws and Legislation

Language:

English

Subjects (All):

Discrimination in public accommodations--Law and legislation--United States.

Discrimination in public accommodations.

Religious minorities--Legal status, laws, etc--United States.

Religious minorities.

Freedom of religion--United States.

Freedom of religion.

Physical Description:

1 online resource (280 pages)

Place of Publication:

New York, New York : Nova Science Publishers, [2021]

Summary:

"The foundational principle of this book is the sacred rights enumerated in the United States Constitution, specifically, in the First and Thirteenth Amendments. With the politicization of the LGBTQ movement, concern for these rights have again come to the forefront of American jurisprudence. The rights enumerated in these amendments have frequently been violated by the various states when, in the name of public accommodation laws, they have attempted to force Christian business owners and religious entities to facilitate events, provide services, express opinions, change attitudes, or to enter into associations that violate their religious consciences. The book explores what it means to have free exercise of religion, free speech, and to be free of involuntary servitude in the context of the contending rights claimed by LGBTQ individuals. LGBTQ rights are neither denied nor disparaged, but the author argues that the constitutional rights of religious dissenters should not be denied or disparaged either. He also argues that when constitutional rights clash with statutory obligations, the former always triumphs. This has always been black letter law, and remains so in all cases except those in which LGBTQ rights clash with those of Christians. The book is not just a legal monograph. It engages political, philosophical, and sociological issues such as freedom v. equality, socialism v. republicanism, the liberal-progressive agenda in higher education, and the many benefits Christianity has bestowed on Western civilization. The underlying theme, however, remains, and that theme is that if we lose the freedom of religious conscience which the founding fathers made the "first freedom", we will lose all freedom"-- Provided by publisher.

Contents:

Intro

Contents

Preface

Acknowledgments

Chapter 1

The United States Constitution: Originalism v. Living Document

Foundational Principles

Constitutional Originalism or "Living, Breathing" Document?

Natural Law and Positive versus Negative Rights

What Does the Left Want from the Constitution and Why?

Why Such Different Modes of Thought?

Chapter 2

The Establishment Clause: Ally or Adversary of Religious Liberty?

The Establishment Clause and Its Meaning

Establishment as the Founders Meant It

Thomas Jefferson's "Wall of Separation"

The Supreme Court and the Wall of Separation

Chapter 3

Religious Liberty: The Free Exercise Clause

The Religious Clauses: Conflict or Coherence?

Jefferson's "Wall of Separation" and the Erosion of Religious Liberty

Does Religious Liberty Deserve Special Treatment?

The Religious Freedom Restoration Act

The Atheist Argument from Science

Chapter 4

Religious Freedom as Freedom of Speech

The Importance of Free Expression

Conduct as Speech

Compelled Speech

Conjoining Free Exercise and Free Speech Enfeebles the Free Exercise Clause

Stripping Free Exercise and Free Speech from Public Schools

Chapter 5

Religious Liberty and the Legalization of Same-Sex Marriage

America's Culture War and Cultural Marxism

The Repercussions of Obergefell v. Hodges

The Flawed Analogy with Interracial Marriage

The Flawed Analogy with Jim Crow Laws

Chapter 6

Religious Liberty in the Age of LGBTQ Rights

The Conflict of Views

Sexual Orientation Is not a Choice

Statutory v. Constitutional Rights

Religious Liberty and Compelling State Interest

Chapter 7

Freedom, Equality, Discrimination, and Involuntary Servitude

Equality versus Freedom

Involuntary Servitude

Just and Unjust Laws

Chapter 8.

Two Iconic Religious Liberty v. Anti-Discrimination Cases

Jack Phillips and Masterpiece Cakeshop

Barronelle Stutzman and Arlene's Flowers

The Double Standard in the Application of Public Accommodation Laws

Chapter 9

Photographs, Cakes, and Pizzas

Elaine Huguenin and Elane Photography

Betty and Richard Odgaard and Görtz Haus Gallery

Aaron and Melissa Klein and Sweet Cakes by Melissa

Memories Pizza

The Coercion Test: Christians Need Not Apply

Chapter 10

Federal Government Animus Toward Religion

The Obama Administration's Attacks on Religious Freedom

The Health and Human Services Mandate in Obamacare

Illegal Religion

The Attack on Catholic Charities

Same-Sex Adoption and the Catholic Church

Chapter 11

Some Important Victories for Religious Liberty

Respecting the First Amendment: Hobby Lobby

Joanna Duka, Breanna Koski, and Brush and Nib Studio

Blaine Adamson and Hands on Originals

Carl and Angel Larsen and Telescope Media Group

Trinity Lutheran Church of Columbia

Chapter 12

Big Government and Freedom

Socialism: The Friend of Big Government

Limited Government and Its Friend: Christianity

How Christianity Both Constrains and Aids the State

The State and Morality

Chapter 13

Concluding Remarks on the Battle for Religious Liberty

The Political Left and Subversive Religion

Alienation and "Clever Silliness" in Academia

Abolish Whiteness

The Anti-Christian Crusade of the New Atheists

God Bless the Atheist Civil Liberties Union

What We Would Lose without Christianity

Conclusion

References

Cases Cited

Author Contact Information

Index

Blank Page

Blank Page.

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-5361-9657-6

OCLC:

1251447502