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Abstract

The doctrine of separation of church and state does not exclude the civil courts from jurisdiction over many church related questions. Constitutional guarantees of freedom of religion may not be allowed to lead to anarchy by allowing the church to be independent of state surveillance. On the other hand, the law does not claim that the church purchased its independence at the price of not criticizing the state when morality, ethical government or responsible citizenship are at stake. While this discussion is couched chiefly in terms of Protestant churches and clergymen, it is equally applicable to Roman Catholic, Jewish, and other religious polities as well, in most respects.

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Religion Law Commons

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