Criminalizing Conversion: The Legislative Assault on New Religions et al (From Crime, Values, and Religion, P 153-191, 1987, James M Day and William S Laufer, eds. -- See NCJ-119399)

• NCJ Number: 119404
• Author(s): F K Flinn
• Date Published: 1987
• Length: 39 pages
• Sale Source: Ablex Publishing Corporation
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Competing theological, psychological, and sociological interpretations of religious conversion are reviewed, and the legislative response to religious conversion is examined in relation to the principle of separation of church and State.

Abstract

Religious conversion is viewed as a complex phenomenon that involves a turning away, a period of suspension or indecision, and a turning toward. From a historical standpoint, the grounds for delegitimizing religious conversion and justifying religious persecution can be divided into political, ecclesiastical, social, and psychological phases. Various legislation has been introduced at the State level since the mid-1970's to destroy, restrict, or investigate religious conversion to cults. This legislation raises questions about religious conversion that focus on constitutionality, cults, temporary conservatorship or guardianship, solicitation and proselytizing, and conversion itself. In numerous cases during the past 10 years, the U.S. Supreme Court has ruled that statutes must pass three tests: (1) they must have a secular legislative purpose; (2) they must have a primary purpose that neither advances nor inhibits religion; and (3) they must not foster excessive entanglement with religion. 103 references, 2 tables, 1 figure.