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Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.
This volume presents an analysis of controversial events and issues shaping a rapidly changing international legal, political, and social landscape. Leading scholars and experts in law, religious studies and international relations, thoughtfully consider issues and tensions arising in contemporary debates over religion and equality in many parts of the world. The book is in two parts. The first section focuses on the anti-discrimination dimension of religious freedom norms, examining the developing law on equality and human rights and how it operates at international and national levels. The second section provides a series of case studies exploring the contemporary issue of same-sex marriage and how it affects religious groups and believers. This collection will be of interest to academics and scholars of law, religious studies, political science, and sociology, as well as policymakers and legal practitioners.
An introduction to the study of women in diverse religious cultures While women have made gains in equality over the past two centuries, equality for women in many religious traditions remains contested throughout the world. In the Roman Catholic Church and the Church of Jesus Christ of Latter-day Saints women are not ordained as priests. In areas of Pakistan and Afghanistan under Taliban occupation girls and women students and their teachers risk their lives to go to school. And in Sri Lanka, fully ordained Buddhist nuns are denied the government identity cards that recognize them as citizens. Is it possible to create families, societies, and religions in which women and men are equal? And if so, what are the factors that promote equality? Theory of Women in Religions offers an economic model to shed light on the forces that have impacted the respective statuses of women and men from the earliest developmental stages of society through the present day. Catherine Wessinger integrates data and theories from anthropology, archaeology, sociology, history, gender studies, and psychology into a concise history of religions introduction to the complex relationships between gender and religion. She argues that socio-economic factors that support specific gender roles, in conjunction with religious norms and ideals, have created a gendered division of labor that both directly and indirectly reinforces gender inequality. Yet she also highlights how as the socio-economic situation is changing religion is being utilized to support the transition toward women’s equality, noting the ways in which many religious representations of gender change over time.
Unconditional Equality examines Mahatma Gandhi’s critique of liberal ideas of freedom and equality and his own practice of a freedom and equality organized around religion. It reconceives satyagraha (passive resistance) as a politics that strives for the absolute equality of all beings. Liberal traditions usually affirm an abstract equality centered on some form of autonomy, the Kantian term for the everyday sovereignty that rational beings exercise by granting themselves universal law. But for Gandhi, such equality is an “equality of sword”—profoundly violent not only because it excludes those presumed to lack reason (such as animals or the colonized) but also because those included lose the power to love (which requires the surrender of autonomy or, more broadly, sovereignty). Gandhi professes instead a politics organized around dharma, or religion. For him, there can be “no politics without religion.” This religion involves self-surrender, a freely offered surrender of autonomy and everyday sovereignty. For Gandhi, the “religion that stays in all religions” is satyagraha—the agraha (insistence) on or of satya (being or truth). Ajay Skaria argues that, conceptually, satyagraha insists on equality without exception of all humans, animals, and things. This cannot be understood in terms of sovereignty: it must be an equality of the minor.
In the highly acclaimed bestselling A Call to Action, President Jimmy Carter addresses the world’s most serious, pervasive, and ignored violation of basic human rights: the ongoing discrimination and violence against women and girls. President Carter was encouraged to write this book by a wide coalition of leaders of all faiths. His urgent report covers a system of discrimination that extends to every nation. Women are deprived of equal opportunity in wealthier nations and “owned” by men in others, forced to suffer servitude, child marriage, and genital cutting. The most vulnerable and their children are trapped in war and violence. A Call to Action addresses the suffering inflicted upon women by a false interpretation of carefully selected religious texts and a growing tolerance of violence and warfare. Key verses are often omitted or quoted out of context by male religious leaders to exalt the status of men and exclude women. And in nations that accept or even glorify violence, this perceived inequality becomes the basis for abuse. Carter draws upon his own experiences and the testimony of courageous women from all regions and all major religions to demonstrate that women around the world, more than half of all human beings, are being denied equal rights. This is an informed and passionate charge about a devastating effect on economic prosperity and unconscionable human suffering. It affects us all.
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.
Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Legal frameworks -- Resolving conflicts between religious and other claims -- Interference and justification -- Proportionality -- Religious claims in secular employment -- Discrimination and religious employment -- Religious organisations and services -- The secular marketplace and religious claims