Racism and Resistance by Timothy Joseph Golden

Author:Timothy Joseph Golden
Language: eng
Format: epub
Publisher: State University of New York Press
Published: 2022-01-15T00:00:00+00:00

FREE EXERCISE JURISPRUDENCE FOR THE RACIAL-RELIGIOUS MINORITY

A review of free exercise jurisprudence since incorporation shows there are three groups of people pressing First Amendment claims who could be considered a racial-religious minority: Native Americans, Jews, and Muslims. Individuals in this group possess the traits, and the ensuing discrimination, common to both a racial classification and a religious one. There may be individual members in each of these groups who do not possess the racial trait (e.g., a person of Anglo-Saxon decent who converts to any of these religions, or a person with physical traits more common to white or black Americans but sharing a Native American ancestry), and thereby would not be a racial-religious minority in a strict sense. However, as a whole, people in these groups have not fared well at the Supreme Court.

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