Immunity or Empowerment: John Courtney Murray and the Question of Religious Liberty

Journal of Religious Ethics 21 (2):247 - 273 (1993)
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Abstract

Efforts to retrieve John Courtney Murray's thought must address two questions: What has changed in the quarter-century since Murray's death? What resources does his oeuvre offer for the present situation? In examining Murray's contribution to current policy debates about church-state relations, I will first review the historically conscious methodology he drew upon and the details of his argument in favor of religious liberty. However, in the years since Murray wrote, American religious communities have been severely eroded, with the consequence that Murray's argument no longer has the same force. I therefore propose a reformulation of the basis for religious freedom in order to take into account the need to maintain the social conditions necessary for the exercise of religious freedom. Such a reformulation has significant implications with regard to the question of public funding for religiously affiliated private schools.

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