Religious Arguments and the United States Supreme Court: A Review of Amicus Curiae Briefs Files by Religious Organizations
![handle is hein.journals/cardplp7 and id is 347 raw text is: RELIGIOUS ARGUMENTS AND
THE UNITED STATES SUPREME COURT:
A REVIEW OF AMICUS CURIAE BRIEFS FILED
BY RELIGIOUS ORGANIZATIONS
Andrew S. Mansfield*
The Court [has] a historic opportunity to offer constitutional guidance in
an area of law and policy that has emerged as one of the most morally
challenging in contemporary society. The choices before the Court are
stark; the issues to be decided, profound; and the stakes, enormous.'
[RIeligious groups inevitably represent certain points of view and not in-
frequently assert them in the political arena, as evidenced by the continu-
ing debate respecting birth control and abortion laws. Yet history cautions
that political fragmentation on sectarian lines must be guarded against.'
LAW AND RELIGION
Cases before the United States Supreme Court often concern
profound religious questions about which religious organizations adopt
positions based on religious convictions.3 Analysis of the amicus curiae
briefs filed with the Supreme Court by religious organizations provides
* J.D., University of California, Berkeley (Boalt Hall). Master of Theological Studies,
Harvard Divinity School.
Executive Director, SAGE Center for the Study of the Mind, MacArthur Foundation Law
and Neuroscience Project. Any opinions, findings, and conclusions or recommendations ex-
pressed in this publication are those of the author and do not necessarily reflect the views of the
John D. and Catherine T. MacArthur Foundation.
The author wishes to thank M. Christian Green, Alonzo McDonald Family Senior Lecturer
and Senior Research Fellow at the Center for the Study of Law and Religion, Emory University,
for her guidance and suggestions on this article.
1 Brief of Agudath Israel as Amicus Curiae Supporting Respondent at 2, Cruzan v. Dir.,
Mo. Dept. of Health, 497 U.S. 261 (1990) (No. 88-1503), 1989 WL 1115264.
2 Walz v. Tax Commission, 397 U.S. 664, 694 (1970) (Harlan, J., concurring).
3 By using the term religious organizations, I intend to designate any formally organized
religious group, including what are typically referred to as Christian denominations, Jewish
groups, and representative groups of other religions active in the United States, if applicable
(such as Buddhists and Muslims). Certain of the organizations included in this study are lobby-
ing or umbrella organizations affiliated with or sponsored by religious groups. Rather than
apply perhaps the best test for religion developed in the federal court system, found in Africa
v. Pennsylvania, 662 F.2d 1025 (3d Cit. 1981), this research accepts each group's self-identifica-
tion as religious.](ViewImageLocal?handle=hein.journals/cardplp7&div=14&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Religious Arguments and the United States Supreme Court: A Review of Amicus Curiae Briefs Files by Religious Organizations
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most