God vs. the Gavel: Religion and the Rule of Law

God vs. the Gavel: Religion and the Rule of Law

by Marci A . Hamilton (Author), EdwardR.Becker (Foreword)

Synopsis

God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.

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More Information

Format: Hardcover
Pages: 428
Publisher: Cambridge University Press
Published: 30 May 2005

ISBN 10: 0521853044
ISBN 13: 9780521853040
Book Overview: This book challenges the pervasive assumption that all religious conduct deserves constitutional protection.

Media Reviews
'Professor Hamilton's book dazzles with lucid, original, and humane intelligence. The legal profession, academia and the general public will all enjoy learning from it. Let us hope the U.S. Supreme Court does not deviate again from its present conclusion on religious liberty as Hamilton explains it.' Rita Swan, Ph.D., President, Children's Healthcare Is a Legal Duty
'Marci Hamilton has heroically and truthfully confronted the widespread American myth that all things done in the name of religion are good and deserving of constitutional protections. She has accurately named the harm done in the name of religion and how this harm is protected and enabled by the courts and law enforcement by way of the inaccurate application of the First Amendment. God vs. The Gavel is essential reading for those who insist that religion be true to its fundamental mission and not about victimizing people for the sake of power, privilege or financial gain.' Thomas P. Doyle, O.P., J.C.D., C.A.D.C., Canon Lawyer, Advocate for those abused by Clergy
'For anyone interested in how the law should accommodate religious views in a modern pluralistic society this book is well worth reading ... The book is excellently researched ... worth the relatively modest investment of the cover price.' The Journal of the Law Society of Scotland
In this intelligent and forcefully argued book, Hamilton, a self-professed former Polyanna when it comes to religion, explores the thorny conflicts between religion and society, detailing how some religious groups and institutions misuse laws intended to protect religious freedoms to justify child abuse, employment discrimination and other ills. Publisher's Weekly
Hamilton is predominantly compelling in her analysis of case law and writes with verve and well-tempered vehemence for the general reader. This book deserves shelf space at every library. Library Journal
Professor Hamilton's book dazzles with lucid, original, and humane intelligence. The legal profession, academia and the general public will all enjoy learning from it. Let us hope the U.S. Supreme Court does not deviate again from its present conclusion on religious liberty as Hamilton explains it. Rita Swan, Ph.D., President, Children's Healthcare Is a Legal Duty
Marci Hamilton has heroically and truthfully confronted the widespread American myth that all things done in the name of religion are good and deserving of constitutional protections. She has accurately named the harm done in the name of religion and how this harm is protected and enabled by the courts and law enforcement by way of the inaccurate application of the First Amendment. God vs. The Gavel is essential reading for those who insist that religion be true to its fundamental mission and not about victimizing people for the sake of power, privilege or financial gain. Thomas P. Doyle, O.P., J.C.D., C.A.D.C., Canon Lawyer, Advocate for those abused by Clergy
Marci Hamilton is an original and provocative First Amendment scholar whose views have enriched and enlarged the debate about religious liberty. She saw the potential constitutional problems with laws like the Religious Freedom Restoration Act well before many others did. Her voice simply cannot be ignored. Nadine Strossen, Professor of Law, New York Law School, President of the American Civil Liberties Union
A terrific discussion of the constitutional issues concerning religion that are so important right now in American society. Whether one agrees or disagrees with Professor Hamilton, one has to admire the clear, careful, and provocative way she approaches these key issues concerning the government and religion. Erwin Chemerinsky, Professor of Constitutional Law, Duke University, School of Law
God vs. the Gavel will open your eyes, stun your soul, and strengthen your belief that no one, not even priests and ministers, are above the law. If you care about justice for those victimized by religion, you must read this book. Karol Jackowski, author of The Silence We Keep: A Nun's View of the Catholic Priest Scandal
This is a truly important, if provocative work, which is essential reading for anyone who wishes to delve beneath the surface of the contemporary battle over religion and values. the Honorable Edward R. Becker
A timely, hard hitting, passionate, yet scholarly inquiry into the clash between religion and the state. Hamilton, whose writing style is engagingly lucid and compelling, raises controversial questions and her powerful answers will enrich our understanding of the issues and provoke debate. No one will or should completely agree with Hamilton but no one concerned about the interface between religion and civil society can responsibly ignore her cogent arguments. Dean David Rudenstine, Benjamin N. Cardozo School of Law, Yeshiva University
Hamilton offers a...courageous and thought-provoking work. FindLaw.com
presents a strong case Clarion-Ledger
Hamilton's strong assertion of order and public good in the face of claims to individual religious freedom is precisely the sort of springboard that can generate useful discussion, both in our classrooms and the public at large. - The Law and Politics Book Review Kevin R. den Dulk
This book will make you upset and angry, but it merits the widest possible circulation. I wish I had written it. - Edd Doerr
Author Bio
Marci A. Hamilton is a leading and internationally recognized constitutional expert specializing in church/state relations. She is a leading national expert on the Religious Freedom Restoration Act and is involved in cutting edge First Amendment litigation, involving clergy abuse (on behalf of victims) and land use (Religious Land Use and Institutionalized Persons Act).