Religious Freedom in an Egalitarian Age / Nelson Tebbe.

Format:

Book

Author/Creator:

Tebbe, Nelson, author.

Language:

English

Subjects (All):

Freedom of religion--United States.

Freedom of religion.

Equality before the law--United States.

Equality before the law.

Discrimination--Law and legislation--United States.

Discrimination.

Discrimination--Religious aspects.

Civil rights--United States.

Civil rights.

Civil rights--Religious aspects.

Sexual minorities--Civil rights--Religious aspects.

Sexual minorities.

Law--Methodology.

Law.

LGBTQ+ civil rights.

Physical Description:

1 online resource (x, 266 pages)

Place of Publication:

Cambridge, MA : Harvard University Press, [2017]

Language Note:

In English.

Summary:

Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response-until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer. Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.

Contents:

Frontmatter

Contents

Preface

Introduction

I: Method

1. Social Coherence

2. The Skeptics' Objections

II: Principles

3. Avoiding Harm to Others

4. Fairness to Others

5. Freedom of Association

6. Government Nonendorsement

III: Applications

7. Public Accommodations

8. Employment Discrimination

9. Public Officials

10. Government Subsidy and Support

Afterword

Notes

Index

Notes:

Includes bibliographical references (pages 201-257) and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 20. Sep 2019)

ISBN:

9780674971431

9780674974890

0674974891

9780674974913

0674974913

OCLC:

999361601