William & Mary Bill of Rights Journal
Abstract
This article examines the complex relationship between religion, societal fragmentation, and constitutional law in the context of the United States. It challenges the assumptions that "religion" represents a unified concept, and that religious division disrupts a previously existing cultural unity. Gedicks argues that the true issue lies in lawmakers using a specific religion to impose unity on an already divided society. He critiques the limits of Religion Clause doctrine in addressing these divisions, asserting that it cannot resolve the deep societal conflicts generated by divergent religious beliefs. The article also explores the rise of spiritual individualism and fundamentalism, contrasting them with postmodern sensibilities, which challenge grand, unifying narratives. Gedicks concludes that constitutional neutrality, while resolving certain issues of religious exemption and subsidy, fails to address the complexities of civil religion and the increasing pluralism in American society.
