University of Maryland Law Journal of Race, Religion, Gender and Class Volume 7 | Issue 1 Article 8 Twentieth Century Approaches to Defining Religion: Clifford Geertz and the First Amendment Barbara Barnett Follow this and additional works at: http://digitalcommons.law.umaryland.edu/rrgc Part of the Constitutional Law Commons, First Amendment Commons, Religion Commons, and the Religion Law Commons Recommended Citation Barbara Barnett, Twentieth Century Approaches to Defining Religion: Clifford Geertz and the First Amendment, 7 U. Md. L.J. Race Relig. Gender & Class 93 (2007). Available at: http://digitalcommons.law.umaryland.edu/rrgc/vol7/iss1/8 This Article is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in University of Maryland Law Journal of Race, Religion, Gender and Class by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact
[email protected]. TWENTIETH CENTURY APPROACHES TO DEFINING RELIGION: CLIFFORD GEERTZ AND THE FIRST AMENDMENT BARBRA BARNETT* Religious freedom is a fundamental feature of a democratic so- ciety.' In the United States, religious freedom is guaranteed through the Religion Clauses of the First Amendment. The First Amendment of the Bill of Rights begins: "Congress shall make no law respecting the establishment of religion, nor prohibiting the free exercise the- reof.",2 Although given pride of place in the Bill of Rights, there has been confusion and controversy over the meaning, scope, and purpose of these two phrases3 among judges, lawyers, and constitutional scho- lars since the Constitutional Convention. The complexities of inter- preting the two dimensions of religious freedom guaranteed by these two clauses increased with the adoption of the Fourteenth Amend- ment's incorporation clause, a growth in both religious and cultural di- versity, and expansion of governmental involvement in the daily lives of individual citizens.