Church and State in the Roberts Court

Christian Conservatism and Social Change in Ten Cases, 2005–2018

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About the Book

Religious liberty is often called “the first freedom.” For many years, few decisions made by the Supreme Court have been more significant for ordinary Americans than those concerning issues of church and state. By what criteria do the justices make these holdings?
This analysis reaches beyond legal doctrines and focuses on four important aspects of change in the American religious landscape: increasing religious diversity; the rise of secularism; the fast growing political influence of gay and lesbian groups; and the pushback from conservative Christians caused by these trends. The author examines how these changes nation-wide have influenced the Supreme Court under Chief Justice John Roberts in dealing with church-state cases.

About the Author(s)

Jerold Waltman is the R.W. Morrison professor of political science at Baylor University in Waco, Texas, and editor of the Journal of Church and State. He is the author of nine other books on American public law and public policy.

Bibliographic Details

Jerold Waltman
Format: softcover (6 x 9)
Pages: 186
Bibliographic Info: notes, bibliography, index
Copyright Date: 2019
pISBN: 978-1-4766-7147-5
eISBN: 978-1-4766-3514-9
Imprint: McFarland

Table of Contents

Acknowledgments vii
Preface 1
1. A Changing Religious Landscape 5
2. Ideology and Baggage 16
3. Challenging President Bush’s ­Faith-Based Initiative: Hein v. Freedom from Religion Foundation 32
4. Who Can Put a Monument in a Public Park? Pleasant Grove City v. Summum 43
5. Must a Cross from World War I Be Removed from What Was Federal Property? Salazar v. Buono 50
6. Public Universities and Religious Student Groups: Christian Legal Society v. Martinez 62
7. “State Tax Dollars” Going to Private Schools,
Including Religious Ones: Arizona Christian School Tuition Organization v. Winn 76
8. Who Is a “Minister” and Why Does It Matter? Hosanna-Tabor Lutheran Church and School v. Equal Employment Opportunity Commission 84
9. Prayers at a Town Council: Town of Greece v. Galloway 100
10. Who Can Claim Religious Liberty? Burwell v. Hobby Lobby Stores 114
11. Prisoners’ Beards: Holt v. Hobbs 133
12. Of Recycled Tires and Playgrounds: Trinity Lutheran Church v. Comer 141
Conclusion 153
Chapter Notes 163
Bibliography 171
Index 177