"The Constitutional Rhetoric of Religion" by Marci A. Hamilton
 

Publication Date

Spring 1998

Journal

University of Arkansas at Little Rock Law Journal

Abstract

The message of postmodernism is that we should carefully attend to the language that we use. We should not expect the meaning of our words to always accord with our intentions or to remain static. We are likely to be surprised by language's subtle and unintended intonations. This could not be more true for the discourse in the battle over the standard to be applied to free exercises cases. The language of the standard that appears to be good for religion--the Religious Freedom Restoration Act (RFRA) - sends the message that religion is weak and needy, while the standard that supposedly marks the end of religious liberty--the Smith standard - sketches a more accurate and vital image of religion. I will turn first to a deconstruction of our discourse of religion and then to the practical and doctrinal ramifications to be taken from it.

Volume

20

Issue

3

First Page

619

Last Page

632

Publisher

UA Little Rock William H. Bowen School of Law

Keywords

Religion and the Law, Church and State, Religious Freedom

Disciplines

Law

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