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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.
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Throughout history, religion has been used as a tool of female subjugation. Women have been deemed less worthy than men, have been prevented from owning property, and worse—all in the name of a higher power. In recent decades, women have made progress in terms of equal rights with men, at least in Western democracies, but still, why has the United States never had a female president? Why aren't more women heads of Fortune 500 companies? Why do politicians in the West continue to attack women's reproductive rights? As this volume explores, it would be hard to find a bigger culprit than religion when identifying the last cultural barriers to full gender equality. With topics ranging from the subjugation of women in the Bible to the shame and guilt felt by women due to religious teaching, this volume makes clear that only by rejecting the very system that limits their autonomy will women be fully liberated from its malignant influences, not just in codified law but also in cultural practice.
Dialogue on the conflict between religious fundamentalism and women's rights is often stymied by an 'all or nothing' approach: fundamentalists claim of absolute religious freedom, while some feminists dismiss religion entirely as being so imbued with patriarchy as to be eternally opposed to women's rights. This ignores, though, the experiences of religious women who suffer under fundamentalism and fight to resist it, perceiving themselves to be at once religious and feminist. In Religious Fundamentalisms and the Human Rights of Women , Howland provides a forum for these different scholars, both religious and nonreligious, to meet and seek common ground in their fight against fundamentalism. Through an examination of international human rights, national law, grass roots activism, and theology, this volume explores the acute problems that contemporary fundamentalist movements pose for women's equality and liberty rights.
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.
The Price of Freedom Denied shows that, contrary to popular opinion, ensuring religious freedom for all reduces violent religious persecution and conflict. Others have suggested that restrictions on religion are necessary to maintain order or preserve a peaceful religious homogeneity. Brian J. Grim and Roger Finke show that restricting religious freedoms is associated with higher levels of violent persecution. Relying on a new source of coded data for nearly 200 countries and case studies of six countries, the book offers a global profile of religious freedom and religious persecution. Grim and Finke report that persecution is evident in all regions and is standard fare for many. They also find that religious freedoms are routinely denied and that government and the society at large serve to restrict these freedoms. They conclude that the price of freedom denied is high indeed.
Wenz argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons.
Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.