Readings in US Law and Religion

Graduate / Professional

Under the logics of Western modernity, “religion” and “law” are commonly perceived to be easily distinguishable from one another, with each operating as a distinct and largely self-contained aspect of societal organization and social life. Applying the theories and methods of religious studies, this course seeks to critically interrogate that assumption by scrutinizing the complex ways in which religion and law have mutually influenced one another in both historical and contemporary contexts. With a particular focus on the United States, this seminar explores how various religious histories and practices as well as theological claims have helped to structure American legislation, public policy, and judicial doctrines. In turn, it also examines how the American legal system has operated to shape and constrain the possibilities of religious expression and flourishing. Course participants begin by developing a set of critical frameworks from within which to consider and assess interrelationships between religion and law. In relation to this critical rubric, the course then generally proceeds chronologically, focusing on moments in US history and politics when intersections of religion and law are especially salient. Topics include, for example, First Amendment doctrine, the (mis)recognition of Native American traditions, the aesthetics of civic religious displays, and the enduring legacies of slavery and gender subordination. W 1:30pm-3:20pm