God vs. the Gavel: Religion and the Rule of Law

by Marci A. Hamilton

Book Overview

Clergy sex abuse, polygamy, children dying from faith healing, companies that refuse to do business with same-sex couples, and residential neighborhoods forced to host homeless shelters - what do all... This description may be from another edition of this product.

• Format: Hardcover
• Language: English
• ISBN: 0521853044
• Release Date: May 2005
• Publisher: Cambridge University Press
• Length: 428 Pages
• Weight: 0.60 lbs.
• Dimensions: 9.5" x 1.3" x 6.8"

Customer Reviews

A Balanced Look at Righting Judicial Incompetence

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 free

Brilliant AND Accessible

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.

Brilliance and common sense combined

God vs. the Gavel finally provides a voice of reason in the overheated culture war over religion in the United States. Everyone, no matter what side of the debate you're on, needs to read this book.

Excellent!

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.

joan of arc

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!"