In the wake of important judicial rulings on culture war issues such as same-sex marriage and contraception, â??religious freedomâ? has emerged as one of the most hotly contested terms in American political discourse. As public opinion on these issues has liberalized, many conservatives have embraced religious freedom as a safe vantage from which to legislate. In response, many progressives cite the secularity of the United States Constitution to argue against overtly religious policy.
Steven D. Smith is the Warren Distinguished Professor of Law at the University of San Diego. His most recent book, The Rise and Decline of American Religious Freedom, advocates a return to what he calls â??the American settlementâ?â??an arrangement under which the constitution is read to be neither religious nor secular, but rather open to the best argument of either persuasion. Eric C. Miller spoke with Smith about his project.
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