Religion Guarantees

As we enter the 21st century, the United State's highest court remains deeply divided over the fundamental issues concerning the Constitutional law of religious freedom. Because of this chasm, the direction the law will take over the next generation remains uncertain. This book empowers the reader to grasp the issues behind the contemporary Constitutional controversy and delves into such areas as prayer in school, religious displays on public property, and educational choice programs involving religious schools.

This reader-friendly overview effectively discusses the burgeoning Constitutional law of American religious liberty in a comprehensive yet concise manner. Rofes details how this issue made its way into the Bill of Rights and explores its two protections—the anti-establishment and free exercise guarantees. The book identifies and examines the range of thorny issues implicated by the anti-establishment protection such as prayer in public schools, religious displays on public property, and financial assistance to religious institutions. It also looks at the variety of contexts in which free exercise rears its head, including: compulsory education, unemployment compensation, and the military. The work concludes with a bibliographic chapter for readers to pursue particular issues in greater depth.

Peter K. Rofes is Professor of Law, Associate Dean of Academic Affairs, and Director of Part-time Legal Education at Marquette University Law School. Prior to joining the faculty of Marquette in 1987, Professor Rofes served as law clerk to the Honorable Max Rosenn of the United States Court of Appeals for the Third Circuit. He also practiced law with a Washington, D.C., firm.