Date: 2014
Type: Working Paper
Defining religion in American law : Psychic Sophie and the rise of the Nones
Working Paper, EUI RSCAS, 2014/19, RELIGIOWEST
MOVSESIAN, Mark L., Defining religion in American law : Psychic Sophie and the rise of the Nones, EUI RSCAS, 2014/19, RELIGIOWEST - https://hdl.handle.net/1814/30018
Retrieved from Cadmus, EUI Research Repository
The most important recent development in American religion is the dramatic increase in the number of people who claim no religious affiliation — the rise of the Nones. In this Working Paper, I discuss the social factors that explain the rise of the Nones--demography, politics, family, technology, a distrust of institutions generally--and explain what this development might mean for the definition of religion in American law. I focus on a recent federal appeals court case involving a self-styled spiritual adviser, “Psychic Sophie,” who claimed that following her “inner flow” constituted a religion meriting constitutional and statutory protection. I argue that the case is a close one. Protecting Nones as a religion would promote the important goals of state religious neutrality and personal autonomy. On the other hand, religion has always been understood in terms of community. Indeed, as Tocqueville saw, it is precisely religion’s communal aspect that makes it so important to liberal democracy. Granting Nones the status of a religion would fail to capture this important social benefit.
Cadmus permanent link: https://hdl.handle.net/1814/30018
ISSN: 1028-3625
Series/Number: EUI RSCAS; 2014/19; RELIGIOWEST
Keyword(s): Law and religion Sociology of religion Religious liberty Nones
Grant number: FP7/269860