Monday, November 3, 2014
"Religious Accommodation in the Welfare State"
I've posted on SSRN this new piece, forthcoming in the Harvard Journal of Law and Gender and growing out of the April 2014 Harvard Law School symposium on religious accommodation . There are many grounds on which to defend religious accommodations. My own emphasis and vocation on this subject is summarized in this snippet from the abstract:
The Hobby Lobby contraceptive litigation reflects, and may accelerate, a trend in which Americans’ divisions over economic regulation reinforce their divisions over cultural matters. If Americans further separate into religious opponents of regulation and secular, progressive proponents of regulation, polarization is likely to become increasingly unhealthy. This article continues a project I have begun of defending strong protection of religious freedom based on premises that are sympathetic, rather than hostile, to government regulation in general. This Article defends government accommodation of religious objectors as a valuable component in a well-functioning regulatory state.
The article has a few distinct components, and I'll do separate blog posts on a couple of them.
https://mirrorofjustice.blogs.com/mirrorofjustice/2014/11/religious-accommodation-in-the-welfare-state.html