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La laïcité américaine aujourd'hui ou la bataille du premier amendement

Abstract : The Religion Clauses of the First Amendment to the Constitution of the United States gave birth to a doctrine of church-state separation and a model of religious freedom whose legislative and judicial implementation was convoluted until the 1970s. A unique vision of secularism emerged from decades of uncertainty, but the resulting equilibrium has once more been called into question since the 1980s. The polarization characterizing the country’s politics during this period has extended to debates over the interpretation of the Religion Clauses, resulting in an antagonistic and defensive judicial climate in which interpretive stances align either with a conservative Christian or a progressive liberal ethos. The principle of neutrality, navigating the ideological tension between the nation’s Christian roots and its founding spirit of pluralism, tends to favor a position recognizing public deism. Religious freedom swings between conscience-based exemptions and the choice to believe. At stake in this "battle" is the soul of America and its precarious balance between its Christian and liberal identity
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Blandine Chelini-Pont, Gregory Mose. La laïcité américaine aujourd'hui ou la bataille du premier amendement. Revue du droit des religions, 2017, 4, pp.83-106. ⟨hal-02187359⟩



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