God vs. the Gavel: Religion and the Rule of Law (Hardcover)

~ Marci A. Hamilton (Author), Edward R. Becker (Foreword)

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

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Product Details

• Hardcover: 428 pages
• Publisher: Cambridge University Press; 1st ed edition (June 17, 2005)
• Language: English
• ISBN-10: 0521853044
• ISBN-13: 978-0521853040
• Product Dimensions: 9 x 6.2 x 1.3 inches
• Shipping Weight: 1.5 pounds (View shipping rates and policies)
• Average Customer Review: 4.1 out of 5 stars  See all reviews (11 customer reviews)
• Amazon.com Sales Rank: #827,666 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

38 of 43 people found the following review helpful:

5.0 out of 5 stars A Balanced Look at Righting Judicial Incompetence, July 31, 2005

By	M. L Lamendola (Merriam, KS USA) - See all my reviews (TOP 1000 REVIEWER)    (REAL NAME)

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.

18 of 19 people found the following review helpful:

5.0 out of 5 stars Brilliant AND Accessible, June 27, 2005

By	VJ (Chicago, IL) - See all my reviews

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.

13 of 13 people found the following review helpful:

5.0 out of 5 stars Excellent!, June 14, 2005

By	Bunty (Brooklyn, NY) - See all my reviews

Nearly every day we hear stories about conflicts between religious believers and the judicial and political branches of government. Professor Hamilton explains why everyone must be accountable to the rule of law in a way that any reader can understand.

You don't have to be a lawyer or scholar to enjoy this book - you just have to be an interested citizen. This is a "must read" no matter what your position is when you crack the spine. The book documents a variety of historical clashes between religion and the law, as well as timely issues such as the marriage debate, child abuse, and religion's place in the public square. After reading this well-researched book, you would be hard pressed not to agree with Professor Hamilton's conclusion: religion is the inspiration for many good things in our society, but it cannot be used as a shield for actions that harm others.