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The Controversial Issues on ‘Religion and Law’ in the United States

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(3), pp.189~211
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 24, 2025
  • Accepted : August 22, 2025
  • Published : August 31, 2025

Jonghaeng Yoon 1

1충남대학교

Accredited

ABSTRACT

Religion pursues higher good or ultimate goal that includes the personal transformation and transcendence beyond "this visible life." Religion and law share ritual, tradition, authority, universality, and morality. Most civilized countries have the rule of “seperation of state and religion” and the right to free exercise of religion. In the modern society, owing to the expansion of government roles and policies, the religious right and governmental interests collide often, and the protection of human rights and coexistence and co-prosperity of diverse people should be pursued. When it comes to religion-related disputes, individuals or religious entities should respect different views and seek solutions with flexibility. Also, human rights are sometimes violated in the private spheres of religion, culture, and family. Complicity-based conscience claims can harm other citizens. When religious rights conflict with other human rights, the scope of religious liberties could be decided depending on how much harm they pose to other citizens. Courts in the United States have protected the religious freedom, weighing the conflicting interests including privacy, civil rights, public safety, and public welfare, etc..

Citation status

* References for papers published after 2024 are currently being built.