Persuading Thy Neighbor to Be as Thyself: Constitutional Limits on Evangelism in the United States and India

Abstract

ARTICLES PERSUADING THY NEIGHBOR TO BE AS THYSELF: CONSTITUTIONAL LIMITS ON EVANGELISM IN THE UNITED STATES AND INDIA Jonathan K. Stubbst INTRODUCTION Religious belief is frequently a very personal concern. Ac- cordingly, situations in which individuals discuss beliefs with one another can result in a wide range of consequences. Such conse- quences may include mutual gratitude and growth as well as mu- tual distrust and destruction. t Nearly one quarter of the world's population lives in two nations: India and the United States. These nations assert that they are democracies and that they embrace large and diverse religious populations. Each nation has adopted provisions in its national constitution to deal with the practical issue of how so t Associate Professor of Law, University of Richmond School of Law. Special thanks are due to my colleagues and friends at T. C. Williams School of Law and other scholars in the field who have provided intellectual and moral support. In that regard, I wish to express gratitude to Dean Joseph D. Harbaugh, and Professors Okianer C. Dark, W. Hamilton Bryson, Michael A. Wolf, Paul J. Zwier, J.P. Jones, Gary Leedes, Peter Swisher, Ann C. Hodges, Azizah al-Hibri, Michael Herbert, Lynda Frost, Robert Shepherd, and Nancy Collins. I am extremely indebted to Pro- fessor Rajeev Dhavan who freely shared his counsel from New Delhi, and my col- leagues at other institutions who have been especially helpful, namely, Professors Linda S. Greene, Ved Nanda, Steve Smith, Sandy Levinson, Lawrence Beer, Marc Galanter, John Mansfield, and George Gadbois. For dedicated research help, thanks to Steve Hinckley, Director of the University of Richmond Law Library and the entire library staff, especially Lucinda Harrison-Cox, and Nancy Martin. I also wish to express gratitude to Ms. Marta Tarnawsky, Reference Librarian at the Uni- versity of Pennsylvania Law School, and Aparna Sen, Inter-library Loan Librarian, Harvard Law School, for expert assistance. Thanks also to my student research as- sistants Pamela Johnson, J.D., Jody Holyst, J.D., Gray Collins (class of 1994) and Tim Dorsey (class of 1994). Further thanks to my invaluable secretary, Anne Smith. Final thanks to the Author of all.