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God vs. the Gavel: Religion and the Rule of Law [Hardcover]

Marci A. Hamilton , Edward R. Becker
3.8 out of 5 stars  See all reviews (13 customer reviews)

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Book Description

May 30, 2005
God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm.


Editorial Reviews

From Publishers Weekly

In this intelligent and forcefully argued book, Hamilton, a self-professed former "Polyanna" when it comes to religion, explores the thorny conflicts between religion and society, detailing how some religious groups and institutions misuse laws intended to protect religious freedoms to justify child abuse, employment discrimination and other ills. She is vocal in her criticism of efforts to exempt religious groups from the laws secular organizations must abide by, saving particular disdain for deal-making lawmakers, whom she compares to "hear-no-evil, see-no-evil, speak-no-evil monkeys." Hamilton dedicates about half of the book to examining six broad areas where religious groups enjoy special treatment-from marriage laws to preferential treatment within prisons to land use and local zoning ordinances. Passionately argued throughout, the book seems almost like Hamilton's atonement for her previous stance on these issues. (She quotes herself in the opening as having written 11 years ago that "the exercise of religion should trump most governmental regulation.") Certainly of interest to those in the judicial and legislative realms, Hamilton has written this book for the average reader, though some may be confused by the myriad legal precedents and her descriptions of legislative maneuvering.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.

From Booklist

The First Amendment is stirring second thoughts among scholars wary of the social and legal consequences of religious liberty. Hamilton investigates numerous contentious religious issues-from headline cases in which Catholic clergy have sought clerical immunity for alleged acts of child abuse to obscure episodes in which Sikh parents have protested against school policies preventing sons from carrying ceremonial knives. But all of the various episodes Hamilton chronicles ultimately underscore one simple thesis: Americans' right to believe whatever religious doctrines they choose deserves absolute protection; Americans' right to act on religious belief should end whenever such actions harm or endanger others. It will disturb some readers that Hamilton invokes her largely negative view of American religionists as justification for giving secular politicians expansive powers to curb religious excesses, but as religious belief continues to diversify in multicultural America, the urgency of the issues here raised guarantees Hamilton many interested readers. Bryce Christensen
Copyright © American Library Association. All rights reserved

Product Details

  • Hardcover: 428 pages
  • Publisher: Cambridge University Press; First Edition edition (May 30, 2005)
  • Language: English
  • ISBN-10: 0521853044
  • ISBN-13: 978-0521853040
  • Product Dimensions: 6 x 1.3 x 9 inches
  • Shipping Weight: 1.5 pounds (View shipping rates and policies)
  • Average Customer Review: 3.8 out of 5 stars  See all reviews (13 customer reviews)
  • Amazon Best Sellers Rank: #1,582,294 in Books (See Top 100 in Books)

More About the Author

MARCI A. HAMILTON is one of the United States' leading constitutional law scholars, specializing in church/state issues. She is the author of JUSTICE DENIED: What America Must Do to Protect Its Children (Cambridge 2008, 2012) and GOD VS. THE GAVEL: Religion and the Rule of Law (Cambridge 2005, 2007).

Hamilton is regularly cited in The New York Times, The Associated Press, MSNBC, and other news outlets; she is a columnist for The Huffington Post and FindLaw.com. Her website is www.sol-reform.com

Hamilton is frequently asked to advise Congress and state legislatures on the constitutionality of pending legislation and to consult in cases involving important constitutional issues. She is the First Amendment and constitutional law advisor for victims in many clergy abuse cases involving many religious institutions, including the federal bankruptcies filed by the Portland Archdiocese, Spokane Diocese, and San Diego Diocese. She was also lead counsel for the City of Boerne, Texas, in Boerne v. Flores, 521 U.S. 507 (1997), before the Supreme Court in its seminal federalism and church/state case holding the Religious Freedom Restoration Act unconstitutional.

A former clerk for Associate Justice Sandra Day O'Connor, Hamilton holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University. She lives in Philadelphia and New York.

Customer Reviews

Most Helpful Customer Reviews
47 of 57 people found the following review helpful
5.0 out of 5 stars A Balanced Look at Righting Judicial Incompetence July 31, 2005
Format:Hardcover
When you think of people who break the law and get by with it, what kind of person comes to mind? A rogue bureaucrat who can arrange an audit of anyone who opposes him? A cop on the take, who can hide some evidence and manufacture the rest? A celebrity who can buy a trial, and later write a book about it?

If so, expand your thinking a bit. The ability to break the law goes beyond individuals whom we easily recognize as seedy, scheming characters. Some people use our most cherished institutions as vehicles for such criminal activities as child abuse, murder, and theft. Those seem like strong words at first blush, but case histories show those claims are accurate.

And the courts routinely aid and abet these crimes by providing exceptional protection to those who commit them. Thanks to Constitution-violating court decisions, criminals who hide behind the mantle of religion remain free to strike again and again. At the heart of this maelstrom of magisterial malfeasance, we find the issue of church vs. state. Hamilton looks at this issue closely, and lays to rest the myths upon which courts justify their complicity with criminals who happen to represent religious organizations. Replace the myths with truths, and the entire house of cards tumbles.

The courts, in their support of religious offenders, are doing religious organizations no favor. Just look at what has happened to the Catholic church. The Catholic church continues to harbor pedophile priests, and the courts help them do it. This has diminished the church to most Catholics--many of whom are becoming ex-Catholics. Consequently, many Catholic schools are closing their doors and the treasuries of Catholic congregations are on life support.

The Catholic church isn't alone in sowing the seeds of its own destruction. Hamilton shares several examples--from several religions, including Jewish, Protestant, Catholic, and Muslim--where the leaders of a religious group show complete disregard for the public good or for people outside their group. In many of these cases, the religious leaders behaved so poorly that you have to wonder if they are religious people at all. Innocent citizens then turn to their government for assistance and come away with nothing but a judicial farce.

God vs. the Gavel takes us into the world of judicial incompetence that ignores the concepts of fairness and justice. It's a place where the separation of powers isn't, but where the corruption of power is. Judges routinely misconstrue, misapply, and mislegislate from the bench. This, despite the fact they have a duty to discern the facts and are Constitutionally barred from legislating.

Hamilton isn't on a crusade against religion, religious organizations, or religious people. But she is against using religion as a license for behaving in a loveless, predatory manner that hurts and kills other people. She is opposed to using "religious freedom" as a free pass for torturing children. She is opposed to using "religious freedom" as justification for destroying entire neighborhoods. She is opposed to using "religious freedom" to justify forcing our prisons to spend millions of dollars "accommodating" dozens of different religious meal restrictions, religious reading requirements, and the demands of new "religions" formed for the express purpose of gaming the system. Buy this book for no other reason than to read the lists of lunacy on page 157 - 161, and you have spent your money well.

So, what does Hamilton want, and why does she go through such effort to show us what's wrong with the status quo? What Hamilton is asking for is a balanced approach that respects the rights of everyone. In her vision of how things should be, judges would abandon circular reasoning and twisted logic--in favor of common sense.

She explains the "do no harm" principle, and she shows us how reasonable accommodation of religion can and does work. For example, the US military changed its policy to allow soldiers to wear unobtrusive religious gear such as yarmulkes and crosses. That's very different from using "religious freedom" to sentence an innocent child to death by refusing life-saving blood transfusion. And it's very different from ignoring zoning laws so a religious meeting place transforms a quiet suburban neighborhood into a high-traffic thoroughfare.

God vs. the Gavel is more than just a fascinating expose. Hamilton also offers a vision of how things should be. People who use religion as a license to victimize others will oppose losing that license, and will thus oppose the change that Hamilton is trying to bring about. But people who, like Hamilton, see religion as bringing meaning and guidance to life will very likely agree with her.

Religious leaders who seek to be above morality and the law often claim First Amendment rights. And the courts normally comply with those leaders in knee-jerk fashion, even when no First Amendment issue is involved.

The First Amendment reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Nothing in the First Amendment gives any religion special status under the law. The First Amendment merely bars Congress from making laws against particular religions. Hamilton explains the history and reasoning behind this right. But the courts routinely ignore the Constitution, history, and reasoning--so that they can give religious organizations or their leader special status under the law. The consequences of that special status should have us all worried.

A note on the writing. I review quite a few books, and have grown disgusted with the sloppiness trend. Thus, it is now my policy to let potential readers and buyers know about the quality of the writing itself. Form is important, as it dictates readability. Fortunately, this book scored very well on substance and on form. This book actually uses Standard Written English (SWE). This is a refreshing change from the Pidgin English that so many of today's authors slop onto our reading palettes. The care taken in writing this book shows that the author and publisher actually cared about the reader. That's a huge plus.
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21 of 25 people found the following review helpful
5.0 out of 5 stars Brilliant AND Accessible June 27, 2005
By VJ
Format:Hardcover
A must-read for lawyers, academics, theologians, and curious human beings alike, God vs. The Gavel competently and thoroughly lends insight to the issue of religion and its relationship to the United States Constitution. Professor Hamilton, through her lively style of writing, argues that religious groups should not receive heightened constitutional protection when their actions harm others. While this theory is a seemingly simple and practical one, Hamilton successfully draws her readers into an intricate -- indeed intriguing -- web of religion, law, and their interplay in contemporary society. Easy to understand yet sophisticated in scope, Hamilton's work is a truly impressive accomplishment, and one that is sure to draw attention around the country and across the globe.
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31 of 39 people found the following review helpful
5.0 out of 5 stars joan of arc June 6, 2005
Format:Hardcover
At a time when the wise and discerning lines between church and state have become dangeroulsy distorted and self-serving we need books like Marci Hamilton's "God vs. the Gavel" not only to clarify the the laws that govern organized religion but also to state unequivically that no religion is above the law and no clergy member is exempt from the legal consequences of criminal activity. When religion becomes a vehicle to hate and kill and abuse one another in the name of our God, all we have is the holy law of the land to protect us from such tyranny. Every priest, clergy member, theologian, and religious believer needs to read this book to see more clearly how close we are to sanctioning organized crimes within religious organizatios. Thank God Marci Hamilton stepped forward in her legal profession to say loud and clear "Enough!"
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Most Recent Customer Reviews
5.0 out of 5 stars God wins!
in this country, founded on judeo christian beliefs, we have seperated religion from law and yet the laws on the books of america are to keep us in line with the original 10. Read more
Published 3 months ago by Loretta J. Hanley
2.0 out of 5 stars Marci Hamilton's Book
God vs The Gavel provides compelling arguments but could be edited into a more compact book. The supports for the thesis are well chosen and well described for the most part. Read more
Published 5 months ago by Whitney Roberts
3.0 out of 5 stars Ok
It's a book, what does one say about a product like this. I wanted one and I now have it
Published on October 2, 2010 by Michael J. Blais
1.0 out of 5 stars Must-Read Review of "God vs. the Gavel"
Anyone who has read this book or is thinking of reading this book should try to get his/her hands on the review of it by Douglas Laycock, entitled "Syllabus of Errors," published... Read more
Published on September 4, 2009 by Zeldock
3.0 out of 5 stars Religion: Handle with Care
Religion is a powerful thing: It can do great good and great evil, Marci Hamilton reminds us. As a lawyer, her question is how to regulate religion? Read more
Published on March 28, 2008 by Omer Belsky
5.0 out of 5 stars Separation of Church and State Does Not Permit Harmful Acts
We live in a time where extremes of behavior seem to have almost become the norm. We have a long tradition of separation of church and state, where the rules of church and state... Read more
Published on August 2, 2005 by John Matlock
3.0 out of 5 stars Refreshing yet Flawed
Ms Hamilton's book on the dangers of relgious privilege

above and beyond the law in the U.S. is commendable in many repects. Read more
Published on July 20, 2005 by Along Red River of the North
4.0 out of 5 stars Brilliantly argued
It would be hard to conceive of anyone who would argue that religion has not brought tremendous good to the world. Read more
Published on June 25, 2005 by Harold McFarland
5.0 out of 5 stars Excellent!
Nearly every day we hear stories about conflicts between religious believers and the judicial and political branches of government. Read more
Published on June 14, 2005 by Bunty
4.0 out of 5 stars A Fresh Perspective
To say that this is a timely tome would be an exercise in stating the obvious.

While our scientists are on the verge of unlocking the secret to curing many serious... Read more
Published on June 7, 2005 by Michael Stern
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