Religion on Trial: How Supreme Court Trends Threaten Freedom of Conscience in America

by Phillip E. Hammond, David W. Machacek, Eric Mazur

The free exercise of conscience is under threat in the United States. Already the conservative bloc of the Supreme Court is reversing the progress of religious liberty that had been steadily advancing. And this danger will only increase if more conservative judges are nominated to the court. This is the impassioned argument of Religion on Trial. Against Justices Scalia, Thomas, and Chief Justice Rehnquist, the authors argue that what the First Amendment protects is the freedom of individual conviction, not the rights of sectarian majorities to inflict their values on others. Beginning with an analysis of the origins of the Constitution and then following the history of significant church-state issues, Religion on Trial shows that the trajectory of American history has been toward greater freedoms for more Americans: freedom of religion moving gradually toward freedom of conscience regardless of religion. But in the last quarter-century, conservatives have gained political power and they are now attempting to limit the ability of the Court to protect the rights of individual conscience. Writing not just as scholars, but as advocates of church-state separation, Hammond, Machacek, and Mazur make the strong case that every American needs to pay attention to what is happening on the Surpeme Court or risk losing the liberties of conscience and religion that have been gained so far.

200 pages, Paperback

First published January 1, 2004

Reviews

[Richard · Rating 4 out of 5]

A history of Supreme Court jurisprudence from the beginning to the present. The court began with a concern over the freedom religion and steadily moved to a concern for the freedom of conscience, which is the bedrock. Recent decisions are regressive and against the trend. The court needs more progressives.