Church State Corporation: Construing Religion in US Law

History

Sullivan, Winnifred Fallers

World

University of Chicago Press

Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is "the church," and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how "the church" as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group--whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby--over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the "church-shaped space" in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.

Americas

Ekklesia: Three Inquiries in Church and State (TRIOS)

Ekklesia: Three Inquiries in Church and State offers a New World rejoinder to the largely Europe-centered academic discourse on church and state. In contrast to what is often assumed, in the Americas the relationship between church and state has not been one of freedom or separation but one of unstable and adaptable collusion. Ekklesia sees in the settler states of North and South America alternative patterns of conjoined religious and political power, patterns resulting from the undertow of other gods, other peoples, and other claims to sovereignty. These local challenges have led to a continuously contested attempt to realize a church-minded state, a state-minded church, and the systems that develop in their concert. The shifting borders of their separation and the episodic conjoining of church and state took new forms in both theory and practice. The first of a closely linked trio of essays is by Paul Johnson, and offers a new interpretation of the Brazilian community gathered at Canudos and its massacre in 1896–97, carried out as a joint churchstate mission and spectacle. In the second essay, Pamela Klassen argues that the colonial churchstate relationship of Canada came into being through local and national practices that emerged as Indigenous nations responded to and resisted becoming “possessions” of colonial British America. Finally, Winnifred Sullivan’s essay begins with reflection on the increased effort within the United States to ban Bibles and scriptural references from death penalty courtrooms and jury rooms; she follows with a consideration of the political theological pressure thereby placed on the jury that decides between life and death. Through these three inquiries, Ekklesia takes up the familiar topos of “church and state” in order to render it strange.

Klassen, Pamela E.

Johnson, Paul Christopher

Ekklesia: Three Inquiries in Church and State offers a New World rejoinder to the largely Europe-centered academic discourse on church and state. In contrast to what is often assumed, in the Americas the relationship between church and state has not been one of freedom or separation but one of unstable and adaptable collusion. Ekklesia sees in the settler states of North and South America alternative patterns of conjoined religious and political power, patterns resulting from the undertow of other gods, other peoples, and other claims to sovereignty. These local challenges have led to a continuously contested attempt to realize a church-minded state, a state-minded church, and the systems that develop in their concert. The shifting borders of their separation and the episodic conjoining of church and state took new forms in both theory and practice. The first of a closely linked trio of essays is by Paul Johnson, and offers a new interpretation of the Brazilian community gathered at Canudos and its massacre in 1896–97, carried out as a joint churchstate mission and spectacle. In the second essay, Pamela Klassen argues that the colonial churchstate relationship of Canada came into being through local and national practices that emerged as Indigenous nations responded to and resisted becoming “possessions” of colonial British America. Finally, Winnifred Sullivan’s essay begins with reflection on the increased effort within the United States to ban Bibles and scriptural references from death penalty courtrooms and jury rooms; she follows with a consideration of the political theological pressure thereby placed on the jury that decides between life and death. Through these three inquiries, Ekklesia takes up the familiar topos of “church and state” in order to render it strange.

Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs. In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.

A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law

Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains―spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs. In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States―and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.

The Abyss or Life Is Simple: Reading Knausgaard Writing Religion

An absorbing collection of essays on religious textures in Knausgaard's writings and our time. Min kamp, or My Struggle, is a six-volume novel by Karl Ove Knausgaard and one of the most significant literary works of the young twenty-first century. Published in Norwegian between 2009 and 2011, the novel presents an absorbing first-person narrative of the life of a writer with the same name as the author, in a world at once fully disillusioned and thoroughly enchanted. In 2015, a group of scholars began meeting to discuss the peculiarly religious qualities of My Struggle. Some were interested in Knausgaard's attention to explicitly religious subjects and artworks, others to what they saw as more diffuse attention to the religiousness of contemporary life. The group wondered what reading these textures of religion in these volumes might say about our times, about writing, and about themselves. The Abyss or Life Is Simple is the culmination of this collective endeavor--a collection of interlocking essays on ritual, beauty, and the end of the world.

Literature & Fiction

Dubler, Joshua

Bender, Courtney

Harriss, M. Cooper

Biles, Jeremy

Carlson, Liane

Garvey, Hannah C.

Thorstensen, Dr. Erik

History & Criticism

An absorbing collection of essays on religious textures in Knausgaard’s writings and our time.\nMin kamp, or My Struggle, is a six-volume novel by Karl Ove Knausgaard and one of the most significant literary works of the young twenty-first century. Published in Norwegian between 2009 and 2011, the novel presents an absorbing first-person narrative of the life of a writer with the same name as the author, in a world at once fully disillusioned and thoroughly enchanted.\nIn 2015, a group of scholars began meeting to discuss the peculiarly religious qualities of My Struggle. Some were interested in Knausgaard’s attention to explicitly religious subjects and artworks, others to what they saw as more diffuse attention to the religiousness of contemporary life. The group wondered what reading these textures of religion in these volumes might say about our times, about writing, and about themselves. The Abyss or Life Is Simple is the culmination of this collective endeavor—a collection of interlocking essays on ritual, beauty, and the end of the world.

Thorstensen, Erik

The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground.
 Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains.
 A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution.

The Impossibility of Religious Freedom

Religion & Spirituality

Princeton University Press

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Books by Sullivan, Winnifred Fallers

See the best price to sell, buy, or rent books by Sullivan, Winnifred Fallers. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Church State Corporation: Construing Religion in US Law

Church State Corporation: Construing Religion in US Law

Ekklesia: Three Inquiries in Church and State (TRIOS)

Ekklesia: Three Inquiries in Church and State (TRIOS)

A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law

A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law

The Abyss or Life Is Simple: Reading Knausgaard Writing Religion

The Abyss or Life Is Simple: Reading Knausgaard Writing Religion

The Impossibility of Religious Freedom

The Impossibility of Religious Freedom