Religious Marginality and the Free Exercise Clause
Bibliographic Data
| ID | 5153147 |
|---|---|
| Authors | Frank Way (University of California, Riverside), Barbara J Burt (University of California, Riverside) |
| Year | 1983 |
| Volume | 77 |
| Issue | 3 |
| Pages | 652-665 |
| Publication date | 1983-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Political Science Review (JOURNAL) |
| Journal identifiers | ISSN: 0003-0554 • E-ISSN: 1537-5943 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/1957265 |
| OpenAlex | W1997513398 |
| Language | EN |
| Citations received | 12 |
| References cited | 16 |
This article offers a measure of judicial legitimation of marginal religious groups in litigation involving the free exercise of religion clause of the First Amendment. Throughout the greater part of history, marginal religious faiths have found the path to acceptance filled with legal obstacles. Pfeffer (1974) noted that legitimation of marginal groups occurs either when the secular norms change or when such groups change their religious doctrines. The Pfeffer thesis is generally consistent with the sect-church continuum defined by sociologists of religion. In the research reported below, we examined an alternative thesis, namely that official legitimation by the judiciary of marginal religions is a function of their marginality. We compared the results of the universe of all reported state and federal judicial opinions from 1946 through 1956 and 1970 through 1980. We found substantial increases in the percentage of successfully litigated free exercise claims, and furthermore, that success in litigating these claims is closely associated with those factors that distinguish these groups as marginal
Establishment Clause · First amendment · Free Exercise Clause · Law and economics · Legitimation · Political science · Politics · Sociology · State (computer science · Supreme court · American Constitutional Law and Politics · Law · Mathematics · Mormonism, Religion, and History · Religion and Society Interactions
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Did Circuit Courts of Appeals Judges Overcome Their Own Religions in Cases Involving Religious Liberties? 1970-1990
Dimensions of Religious Free Exercise
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Black Muslims and the Development of Prisoners' Rights
Conscientious Objectors in the Culture War
Compelling Interests and Substantial Burdens
Three Models of Secular Constitutional Development
Religious Pluralism, Equal Opportunity, and the State
The Constitutional Basis of Religious Pluralism in the United States
U.S. Supreme Court Decision-Making and the Free Exercise Clause
Constitutional authority and prospects for social justice for high-tension religious communities
A religious history of the American people
Social class in American protestantism
Religion and Society in Tension
Religious Movements in Contemporary America
A Nation of Behavers
The Traumatic Years
Religion in American Culture
Religion in Social Context
Religion and Society in Tension
Social Class in American Protestantism
Religion in America
Sect and Church in Methodism
Religion and the 'Informing' of Culture
Religion in Social Context
Religion in American Culture
| Unique citing works | 12 |
|---|---|
| Citations per year | 0,32 |
| Citation span | 1988 - 2019 (32) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 9 |