Symposium: The Religion Clauses in the 21st Century
Introduction and Dedication
William P. Marshall, Vivian E. Hamilton, and John E. Taylor
The Introduction and Dedication to the Fall 2007 symposium issue of the West Virginia Law Review, Volume 110, on “The Religion Clauses in the 21st Century.” The Introduction was written by symposium organizers William P. Marshall, Solicitor General of Ohio and William Rand Kenan, Jr. Professor at the University of North Carolina School of Law; Vivian E. Hamilton, now Associate Professor at the College of William and Mary, Marshall-Wythe School of Law; and John E. Taylor, Associate Professor, West Virginia University College of Law. The symposium was convened by the American Constitution Society for Law and Policy and the West Virginia University College of Law on October April 12 and 13, 2007. The symposium volume is dedicated to Steven Gey, the David and Deborah Fonvielle and Donald and Janet Hinkle Professor of Law at Florida State University.
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Is Public Reason Counterproductive?
Eduardo M. Penalver
An article from the Fall 2007 symposium issue of the West Virginia Law Review, Volume 110, on “The Religion Clauses in the 21st Century.” The symposium was convened by the American Constitution Society for Law and Policy and the West Virginia University College of Law on October April 12 and 13, 2007.
As part of the series of papers from the symposium panel “Religion and Politics,” Eduardo M. Peñalver, Associate Professor of Law at Cornell Law School, wrote on the question, “Is Public Reason Counterproductive?” In the article, “Eduardo Peñalver is . . . concerned with the proper role of religious argument in public political deliberation. He manages to shed new light on that complex and much-discussed topic by asking whether the ideal of public reason might prove counterproductive. Advocates of public reason, who insist (with varying degrees of stringency) on the exclusion of religious arguments from public deliberation, typically claim that a commitment to public reason is necessary to avoid the social instability that might otherwise result from our significant levels of religious pluralism. Peñalver argues, however, that pluralism can also enhance political stability by causing groups to moderate the demands they make of one another. Whether religious pluralism under a given set of social conditions tends to promote or undermine stability is an empirical question that is difficult to answer, but the answer has significant implications for the public reason debate. If religious pluralism actually promotes stability, insisting that religious groups abandon their native vocabularies for those offered by public reason could undermine political stability rather than promoting it.” - From Introduction by William P. Marshall, Vivian E. Hamilton and John E. Taylor.
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Religious v. Secular Ideologies and Sex Education: A Response to Professors Cahn and Carbone
Vivian E. Hamilton
An article from the Fall 2007 symposium issue of the West Virginia Law Review, Volume 110, on “The Religion Clauses in the 21st Century.” The symposium was convened by the American Constitution Society for Law and Policy and the West Virginia University College of Law on October April 12 and 13, 2007.
As part of the series of papers from the symposium panel “Religion and Politics,” Vivian E. Hamilton, now Associate Professor of Law at College of William and Mary, Marshall-Wythe School of Law, wrote “Religious v. Secular Ideologies and Sex Education: A Response to Professors Cahn and Carbone.” In the article, “Vivian Hamilton emphasizes the ways in which [Professors Cahn and Carbone] seem to embrace a fairly robust version of the ideal of public reason and questions whether that commitment can be fully justified and defended. While she shares Cahn’s and Carbone’s reservations about abstinence-only sex education, she suggests that there may be no practical alternative to allowing state experimentation with different approaches and hoping that an appreciation of policy consequences will ultimately prove more influential than religious ideology.” - From Introduction by William P. Marshall, Vivian E. Hamilton and John E. Taylor.
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Deep Purple: Religious Shades of Family Law
Naomi Cahn and June Carbone
An article from the Fall 2007 symposium issue of the West Virginia Law Review, Volume 110, on “The Religion Clauses in the 21st Century.” The symposium was convened by the American Constitution Society for Law and Policy and the West Virginia University College of Law on October April 12 and 13, 2007.
As part of the series of papers from the symposium panel “Religion and Politics,” Naomi Cahn, John Theodore Fey Research Professor of Law at George Washington University Law School and June Carbone, Edward A. Smith/Missouri Chair of Law, the Constitution and Society at the University of Missouri-Kansas City, wrote “Deep Purple: Religious Shades of Family Law.” Cahn and Carbone “explore the influence of religious belief on the regulation of sexuality in general and on abstinence-only sex education in particular. They document the ways in which the much-discussed gap between “blue states” and “red states” tends also to track degrees of religious affiliation and different attitudes toward sex and its regulation by the government. Cahn and Carbone argue that government policies requiring abstinence-only sex education represent an unhealthy melding of religion and politics, for the available evidence suggests that abstinence-only education is ineffective in preventing teenage pregnancy and the spread of sexually transmitted diseases.” - From Introduction by William P. Marshall, Vivian E. Hamilton and John E. Taylor.
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Religious Exemptions and the Common Good: A Reply to Professor Carmella
Laura S. Underkuffler
An article from the Fall 2007 symposium issue of the West Virginia Law Review, Volume 110, on “The Religion Clauses in the 21st Century.” The symposium was convened by the American Constitution Society for Law and Policy and the West Virginia University College of Law on October April 12 and 13, 2007.
As part of the series of papers from the symposium panel “Accommodation of Religion,” Laura S. Underkuffler, Arthur Larson Professor of Law at Duke University, wrote “Religious Exemptions and the Common Good: A Reply to Professor Carmella.” “In her response to Carmella’s paper, Laura Underkuffler emphasizes the extent to which Carmella’s approach involves a radical departure from the way we ordinarily think about religious exemptions. The usual approach is to think that religious exemptions are justifiable, if they are, because the state is not competent to question or assess claims of religious value. In contrast, to evaluate religious exemption claims by reference to the common good is to openly acknowledge that the state must judge religions against its own schemes of value. For Underkuffler, however, appreciating the radicalism of Carmella’s proposal is a prelude to praise rather than scorn. She suggests that in the long run religious exemptions may only be sustainable in American society on terms similar to those proposed by Carmella.” - From Introduction by William P. Marshall, Vivian E. Hamilton and John E. Taylor.
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