Philosophy Department

Religion and the State (PHLU 3320)

Charles Kelbley
 

The focus of the course is the relationship between church and state or religion and the law in the United States from the perspective of the First Amendment Religion Clauses and their interpretation and application by courts, legislatures, and religious institutions. The course examines major court decisions and other writings on the Constitution’s Establishment and Free Exercise clauses. Major topics include the separation of church and state, the American emphasis on liberty of conscience and religious freedom, the role of history, governmental endorsement of religion, philosophical approaches to the place of religion in a modern democracy, and many currently contested issues, such as school prayer, financial support of religion by the state, public display of religious symbols, and arguments for and against a religious nation that tolerates nonbelief and a secular nation that tolerates religion. Readings include Steven Gey on Religion and the State, Martha Nussbaum on Liberty of Conscience, Christopher Eisgruber & Lawrence Sager on Religious Freedom and the Constitution, as well as references to the work of philosophers such as Richard Rorty, John Rawls, Robert Audi, law professor Stephen Carter, and theologian Richard John Neuhaus. The course does not presuppose any prior background or other courses beyond our freshman core course.

The Ten Commandments and the Supreme Court