LAW 2528 - Religious Liberty
This course will explore the role of religious freedom in a nation of ordered liberty.
The first part of the course will be largely historical and philosophical. It will address the phenomenon of religion, and how pre-modern societies have traditionally engaged with religion.
The second part will explore the religion clauses of the First Amendment to the United States Constitution: their history, drafting, and interpretation throughout history.
The third part of the course will focus on the religious liberty rights of American citizens vis-à-vis the government. This will include an examination of the Free Exercise Clause and the Religious Freedom Restoration Act (RFRAs). State constitutions and State RFRAs will also be examined.
The fourth part of the course will focus on the rights of American citizens to live lives free of religious discrimination vis-à-vis private actors, and to privately order their affairs so as to best align with their religious convictions. It will include an examination of the protections of employees, consumers, and students – primarily under federal law but with some coverage of state law as well. It will also explore the phenomenon of religious arbitration.
The fifth and final part of the course will survey modern approaches to religious liberty undertaken by other nations.
Students we be evaluated upon their participation in class conversation, a class presentation, and a final written paper.
It is anticipated (but not guaranteed) that the course will feature a guest lecturer for one class session whose practice focuses on religious liberty law.
Prerequisites & Notes
None.
Credits: 2
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