by Lawrence G. Sager and
Christopher L. Eisgruber
Publisher: Harvard University Press
Publication Date: February 28, 2007
Hardcover: 352 pages
Constitutional analysis of religious freedom has been hobbled by the idea of “a wall of separation” between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty.
Religious Freedom and the Constitution, written by Lawrence G. Sager and Christopher L. Eisgruber, was published earlier this year by Harvard University Press. Chapter IV, “Ten Commandments, Three Plastic Reindeer, and One Nation…Indivisible” is available as an excerpt (PDF).