Religion and Group Rights: Are Churches (Just) Like the Boy Scouts?
Garnett, Richard W. (2007). Religion and Group Rights: Are Churches (Just) Like the Boy Scouts? St. John's Journal of Legal Commentary, vol 22.
What role do religious communities, groups, and associations play
and, what role should they play in our thinking and conversations
about religious freedom and church-state relations? These and related
questions that is, questions about the rights and responsibilities of
religious institutions are timely, difficult, and important. And yet,
they are often neglected.
is not new to observe that American judicial decisions and public
conversations about religious freedom tend to focus on matters of
individuals' rights, beliefs, consciences, and practices. The special
place, role, and freedoms of groups, associations, and institutions are
often overlooked. However, if we want to understand well, and to
appreciate, the content and implications of our constitutional
commitment to religious liberty, we need to broaden our focus, and to
ask, as Professors Lupu and Tuttle have put it, about the distinctive
place of religious entities in our constitutional order. Are religious
institutions special? May and should they be treated specially? If so,
Source: Social Science Research Network
(My publication)Posted: Thursday, January 22, 2009