Part I. Why the Law Must Govern Religious Entities: 1. The problem; 2. Children; 3. Marriage; 4. Religious land use and residential neighborhoods; 5. Schools; 6. The prisons and the military; 7. Discrimination; Part II. The History and Doctrine behind the Rule that Subjects Religious Entities to Duly Enacted Laws: 8. Boerne v. Flores: the case that fully restored the rule of law for religious entities; 9. The decline of the special treatment of religious entities and the rise of the no-harm rule; 10. The path to the public good.
This book challenges the pervasive assumption that all religious conduct deserves constitutional protection.
Marci A. Hamilton is a leading and internationally recognized constitutional expert specializing in church/state relations. She is a leading national expert on the Religious Freedom Restoration Act and is involved in cutting edge First Amendment litigation, involving clergy abuse (on behalf of victims) and land use (Religious Land Use and Institutionalized Persons Act).
'Professor Hamilton's book dazzles with lucid, original, and humane intelligence. The legal profession, academia and the general public will all enjoy learning from it. Let us hope the U.S. Supreme Court does not deviate again from its present conclusion on religious liberty as Hamilton explains it.' Rita Swan, Ph.D., President, Children's Healthcare Is a Legal Duty 'Marci Hamilton has heroically and truthfully confronted the widespread American myth that all things done in the name of religion are good and deserving of constitutional protections. She has accurately named the harm done in the name of religion and how this harm is protected and enabled by the courts and law enforcement by way of the inaccurate application of the First Amendment. God vs. The Gavel is essential reading for those who insist that religion be true to its fundamental mission and not about victimizing people for the sake of power, privilege or financial gain.' Thomas P. Doyle, O.P., J.C.D., C.A.D.C., Canon Lawyer, Advocate for those abused by Clergy 'For anyone interested in how the law should accommodate religious views in a modern pluralistic society this book is well worth reading ... The book is excellently researched ... worth the relatively modest investment of the cover price.' The Journal of the Law Society of Scotland
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