American crusade How the Supreme Court is weaponizing religious freedom

Andrew L. Seidel

Book - 2022

"Seidel examines some of the key Supreme Court cases of the last thirty years--including Masterpiece Cakeshop v. Colorado Civil Rights Commission (a bakery that refused to make a wedding cake for a gay couple), Trump v. Hawaii (the anti-Muslim travel ban case), American Legion v. American Humanist Association (related to a group maintaining a 40-foot Christian cross on government-owned land), and Tandon v. Newsom (a Santa Clara Bible group exempted from Covid health restrictions), as well as the recent overturning of Roe v. Wade--and how a hallowed legal protection, freedom of religion, has been turned into a tool to advance privilege and impose religion on others. This is a meticulously researched and deeply insightful account of our ...political landscape with a foreword provided by noted constitutional scholar Erwin Chemerinsky, author of The Case Against the Supreme Court"--provided by publisher.

Saved in:

2nd Floor Show me where

347.7326/Seidel
1 / 1 copies available
Location Call Number   Status
2nd Floor 347.7326/Seidel Checked In
Subjects
Published
New York : Union Square & Co [2022]
Language
English
Main Author
Andrew L. Seidel (author)
Other Authors
Erwin Chemerinsky (writer of foreword)
Physical Description
ix, 306 pages ; 24 cm
Bibliography
Includes bibliographical references (pages 260-298) and index.
ISBN
9781454943921
  • Foreword
  • Introduction: Jesus Take the Wheel
  • Author's Note: Jargon Be Damned
  • Part I. Battle Plans, Targets, and the Call to Arms
  • 1. Christian Legal Supremacy
  • 2. The Court and the Crusade
  • 3. Drawing Lines
  • 4. Drawing Lines: Bigotry in Kentucky (Davis v. Ermold)
  • 5. It Was Never about a Cake (Masterpiece Cakeshop v. Colorado Civil Rights Commission)
  • Part II. Opening Hostilities
  • 6. Hostility in Hialeah (Church of the Lukumi Babalu Aye v. City of Hialeah)
  • 7. The Muslim Ban (Trump v. Hawaii)
  • 8. It Was Never about the Drugs (Employment Division v. Smith)
  • 9. Restoring Christian Supremacy (The Religious Freedom Restoration Act of 1993)
  • Part III. The Onslaught
  • 10. The War on Women (Burwell v. Hobby Lobby Stores)
  • 11. Religious Freedom Is Killing Us (The Covid Cases)
  • 12. Deus Vult Revisited (American Legion v. American Humanist Association, the Bladensburg Cross Case)
  • 13. Targeting Children, Taxing Everyone (Trinity Lutheran Church v. Comer)
  • 14. No, Really, Religious Freedom Is Taxing Us (Espinoza v. the Montana Department of Revenue)
  • 15. Religious Freedom and Segregation Academies (School Vouchers Cases)
  • 16. Religious Freedom and "Promoting the General Welfare" (Fulton v. Philadelphia, Same-Sex Foster Parents Case)
  • 17. What's Next?
  • Conclusion: The End of Religious Freedom?
  • Acknowledgments
  • Notes
  • Index
Review by Library Journal Review

Attorney and activist Seidel writes a timely and poignant follow-up to his book The Founding Myth: Why Christian Nationalism is Un-American with a specific eye on today's U.S. Supreme Court. Whatever side of the political spectrum readers finds themselves on, it is an objective truth that the Court has recently been packed with a set of conservative Justices that make no secret of their strong Christian beliefs. Seidel argues that these Christian biases in the Court are not only unconstitutional but dangerous. Seidel's in-depth research breaks downs several well-known and more obscure cases that have come across the Court as well as supplementary information about the Justices' personal affiliations to make his case. Although he has a clear and biased narrative that he is trying to convey, Seidel does so in a balanced way, while also making the depths of "legalese" accessible and engaging to the general public. This work might not change minds but does present solid evidence for his argument that is sure to inspire debate. VERDICT As an in-depth legal analysis written for the general population, this work will stir controversy and debate and likely be on many readers' lists whether they agree or disagree with Siedel's arguments.--Kelly Karst

(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

The law is lines. Lines between permissible and not, between legal and illegal. Most of the time, it's clear where the lines must curve and meander. Murder and Jesus taking the wheel on that side. Growing a slightly longer beard and not standing for the Pledge of Allegiance on this side. To understand religious freedom, we must understand three basic lines. First, we distinguish between belief and action. Your right to believe is absolute; your right to act on that belief is not. Second, we draw a line between actions that can and should be regulated, even if religiously motivated, and those that shouldn't. If your action harms someone else or impacts their rights, it can be regulated, regardless of religious motivation. Third, we draw a line between government power and personal religion; you don't get to use the machinery of the state to amplify or impose your religion.             These lines cut through the maze of religious freedom cases and provide clear solutions to issues that are often much simpler than the Crusaders and the court make out. . . .   Line #3: State and Church The third line ensures that people do not use government power or resources to swing their religion. Extending the reach of one's religion with governmental power is not part of religious freedom, is specifically prohibited in our Constitution, and violates the religious freedom of every other citizen.             Citizens are free to pray all they want. That's religious freedom. They can even pray on public property. That's religious freedom, too. But they don't get to broadcast the prayer over a government PA system.             This line protects religious freedom. Every one of us gives up a few rights, a little bit of personal liberty and sovereignty, in return for living in a civilized society governed by laws. Our government has no religion to exercise. It is an abuse of power for officials to promote or impose their religion with that power. People holding public office are free to worship and preach and promote their god and holy book in their personal capacity, but not in their official capacity. Mr. Johnson might pray every night, but Sheriff Johnson should not be leading prayers at staff meetings or with prisoners--that is an abuse of power.             This abuse of public power is sadly common. We decry similar power abuses when politicians abuse official power to line their pockets, or sexually harass staff, or benefit partisan political campaigns. But when the abuse of power promotes Christianity, people are silent.             Every American has a right to a secular government as a matter of personal religious liberty. In a case striking down school-organized prayer at a public school graduation, several justices explained that mixing government and religion is "a threat to free government" because it excludes a class of people as unfavored. The case was decided before the courts were broken and the Crusaders were powerful, but some were involved, and they lost: "A government cannot be premised on the belief that all persons are created equal when it asserts that God prefers some. Religious freedom prevents the entire government from promoting religion. The Crusaders understand this when government power is promoting another god. Crusaders don't want non-Christian beliefs anywhere near their government. In Taking America Back for God , Andrew Whitehead and Sam Perry show that while Christian nationalists pay lip service to religious liberty, they "drew a distinct line, however, at whether these same people [non-Christians] should be allowed to bring their sincerely held beliefs into the public sphere in order to influence civil society. .  Excerpted from American Crusade: How the Supreme Court Is Weaponizing Religious Freedom by Andrew L. Seidel All rights reserved by the original copyright owners. Excerpts are provided for display purposes only and may not be reproduced, reprinted or distributed without the written permission of the publisher.