Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, March 12, 2015

Religious Freedom "against" Civil Rights

This piece, by Profs. Sarah Barringer Gordon and Nomi Stolzenberg, presents what I think is an inaccurate account of the current efforts to secure religious exemptions and accommodations in various states.  Now, authors rarely get to pick the titles of their pieces (in my experience, anyway), and so I don't think Profs. Gordon and Barringer should be blamed for the headline, "State Legislatures Pit Religious Freedom Against Civil Rights."  Still, as I tried to set out, in this forthcoming essay

the right to religious freedom is a basic civil right, the increased appreciation of which is said to characterize our “age.” Accordingly, I push back against scholars’ and commentators’ increasing tendency to regard and present religious accommodations and exemptions as obstacles to the civil-rights enterprise and ask instead if our religious-accommodation practices are all that they should be. Are accommodations and exemptions being extended prudently but generously, in as many cases and to as many persons and entities as possible, in a sincere effort to welcome religious minorities, objectors, and dissenters as fully as we can into what Justice Harlan called “the dignity and glory of American citizenship”? What barriers exist to the promotion and achievement of civil-rights goals through religious accommodations and how might these barriers be overcome? Are civil-rights laws being designed and enforced in ways that guard against unintended or unjustified disregard for or sacrifices of the civil (and human) right to religious liberty?

 

 

https://mirrorofjustice.blogs.com/mirrorofjustice/2015/03/religious-freedom-against-civil-rights.html

Garnett, Rick | Permalink