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1 - Religion and the State

Published online by Cambridge University Press:  12 April 2018

Samuel D. Brunson
Affiliation:
Loyola University Chicago School of Law
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Summary

Debates over the place of religion in American life date back to the founding of the United States. Out of those debates emerged the current constitutional framework for religion: the free exercise clause and the establishment clause. The free exercise clause prevents the government from prohibiting religious practice, while the establishment clause acts as a check on government favoring or disfavoring religion. At times, these clauses conflict and, where they do, the government must determine whether to impinge on an individual’s religious practice or accommodate that practice, granting a special exemption from the generally-applicable law. Scholars have argued over whether there is a principled reason to treat religion differently from other human pursuits. Whether one agrees that religion is fundamentally distinct or not, though, certain accommodations are likely to exist.
Type
Chapter
Information
God and the IRS
Accommodating Religious Practice in United States Tax Law
, pp. 7 - 22
Publisher: Cambridge University Press
Print publication year: 2018

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