American Supreme Court jurisprudence in the area of religious freedom has been, for the most part, predicated upon a form of liberal theory commonly known as 'procedural liberalism.' Faith on Trial explains how the Court's reliance on this theoretical basis hampers its ability to adequately address the reality of religion as a pluralistic social institution. David E. Guinn provides a detailed critique of procedural liberalism by thinkers such as Charles Taylor and Iris Marion Young—tapping into the idea of 'deep diversity' suggested by Taylor—through the development of a new theoretical model that reconceptualizes Supreme Court jurisprudence. This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation of Supreme Court thinking on the First Amendment.

"Guinn's theory of deep diversity acknowledges the special place of religion as a culture-bearing, or "mediating" institution between the individual and the state.… His book is part liberal treatise, part cultural anthropology, and part critical analysis of our current First Amendment jurisprudence…. It is a fine effort to extend the implications of Taylor's work into the area of public law." - Journal of Law & Politics