In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural egalitarian liberal position? What (...) are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

This paper offers a critical examination of two recent American Supreme Court verdicts, Masterpiece Cake Shop v Colorado Civil Rights Commission and Trump v Hawaii. In Masterpiece the Court ruled against the state of Colorado on grounds that religious bias on the part of state officials undermines government’s authority to enforce a policy that might otherwise be constitutional. In Trump the Court ruled in favor of an executive order severely restricting immigration from seven countries, five of which are Muslim majority. (...) Both verdicts raise important issues concerning fairness and religious freedom. After examining some of the central legal issues in these verdicts I offer a critical assessment of the legal arguments, focusing on how political value judgments played a crucial role in determining the legal outcomes. (shrink)

I argue that Habermas’s proposed system of rights fails to offer an adequate account of the relation between rights and moral injury. In providing a non-moral justification for rights, Habermas’s functional-normative argument excludes the moral intuition that persons are worthy of being protected from a class of injurious actions (i.e. false imprisonment, religious persecution). Habermas does offer clearly stated reasons for his proposed normative, yet non-moral foundation for a legitimate legal order, including the claim that the functional imperatives of modern (...) legal systems cannot be reduced to morality. My positive thesis is that at least some rights are moral norms whose content and justification derive from a moral point of view informed by the idea of persons as free and equal. (shrink)

Political liberty is at the centre of liberal conceptions of toleration. Liberal political philosophers disagree about the limits of toleration, whether equality is central to liberal toleration, and the toleration of illiberal religious and cultural practices, among other topics. Some non-liberal states adopt a model of toleration, despite significant limitations on liberty. Moreover, some recent work in comparative philosophy emphasizes pluralism across traditions of political morality. This chapter will consider a variety of positions on liberal toleration as well as the (...) challenge to liberal toleration posed by ethical pluralism. (shrink)

In the United States, Protestant Christian identity is the dominant religious identity. Protestant Christian identity confers status privileges, yet also creates objectionable status inequalities. Historical and contemporary evidence includes the unfair treatment of Mormons, Native Americans, Muslims, and other religious minorities. Protestant Christian supremacy also plays a significant role in bolstering anti LGBTQ prejudice, xenophobia, and white supremacy. Ways that Protestant Christian identity correlates with objectionable status inequalities are often neglected in contemporary political philosophy. This paper aims to make a (...) modest contribution towards filling that gap. Some forms of inequality linked to Protestant Christian supremacy can be characterized as domination and oppression. Other instances include barriers to fair equality of opportunity for self-determination. Adapting ideas from egalitarian political philosophy I propose an analysis of objectionable status inequality rooted in Protestant Christian supremacy. Alan Patten’s defense of an egalitarian principle for assessing the effects of law and policy is helpful for this task. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...) secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

In this paper I propose an approach to thinking about religion and politics that should inform how we think about liberalism and religion. I also consider how the conception of political authority defended by the prominent Muslim public intellectual Abdullahi Ahmed An-Na’im is a paradigm example of liberalism. In Part I I consider two approaches to religion and politics. According to the reductionist view, whether values that are central to a religious tradition can be reconciled to liberalism is more a (...) matter of doctrine than practice. By contrast a non-reductionist approach emphasizes that the relationship between political and religious values is influenced by a number of variables in addition to religious doctrine, including ethnicity, historical memory, political economy, and local politics. On this view, the path between religious and political convictions is anything but a straight line. In Part II I examine central arguments in An-Na’im’s work that are central to his version of liberalism, with a focus on liberty of conscience and religious freedom. To illustrate An-Na’im’s liberalism I focus on examples of claims about morality and theology, politics, and history. I conclude in Part III by considering how An-Na’im’s position is one example of what we would expect from a non-reductionist understanding of religion and politics. (shrink)

The aim of this article is to consider the prospects of a liberal conception of religious freedom in some Muslim-majority states. Part I offers a brief sketch of three approaches to religious freedom that inform my view. Part II then presents a liberal framework for religious toleration that draws ideas from Rainer Forst’s Toleration in Conflict, as well as some perennial themes in classical liberal thought. I briefly examine three case studies in Part III: the Turkish Republic; the Arab Spring (...) states; and the post-Soviet republics of Central Asia. This is followed by a short conclusion. (shrink)

Alfred Stepan’s “twin-tolerations” thesis (2000) is a model for explaining different ways that religious and political authority come to be reconciled. In this paper, we investigate some obstacles and challenges to realizing a reconciliation between religious and political authority in the Kingdom of Saudi Arabia (KSA) that might result in a transition away from a theocratic monarchy to a more consultative form of political authority. Whereas most analyses of religion and politics in KSA focus on geopolitics, the rentier state model, (...) or economic and military aid from the United States, we also consider local factors that emphasize the agency of political and non-political actors within KSA, focusing in particular on education policy and how this policy is a barrier to political reform. Our position is not meant to replace the standard models, but rather to supplement them by offering a multi-variable perspective on the challenges and prospects for meaningful political reform in KSA. (shrink)

Part I of this paper examines liberal toleration and its relevance to the debate on polygamy. The remaining sections consider Marci Hamilton’s claim that polygamy should not be accommodated. Hamilton’s position rests on three kinds of arguments which I call: 1) the argument from public reason; 2) the argument from democracy; and 3) the argument from exploitation. Each of these fails: 1) fails because Hamilton’s conception of public reason is too restrictive; 2) fails because it rests on a procedural test (...) which attempts to balance claims about rights against claims about the public good—and thus presupposes a flawed conception of rights; 3) is the most compelling of Hamilton’s arguments but could be met in principle if one can show that the right design of background institutions can accommodate polygamy without sponsoring an exploitative form of marriage. (shrink)

In this paper I consider and respond to two arguments against cosmopolitanism, the membership needs argument and the preferential treatment argument. I argue that if there are reasonable grounds for endorsing universal norms such as human rights, then there are no reasonable grounds for rejecting moral cosmopolitanism.

This paper examines some of the ways that equality in political status is threatened by corporate political speech. I offer a critique of Citizens United v Federal Election Commission which emphasizes a democratic equality approach to law and politics.

This essay examines religious freedom in the context of education policy. I defend an approach that serves the aims of both religious freedom and adequate education requirements. The permissive view of religious exemptions endorsed in American law sometimes lends support to objectionable education policies. The alternative I defend opposes granting exemptions to education policy, religious or otherwise, when doing so will deprive students of an education that permits entry to higher education or to a meaningful range of opportunities in the (...) labor market. Yet when there are policy options that accommodate concerns of religious citizens that do not result in objectionable compromises on education standards, we should favor them. (shrink)

Part I of this paper examines liberal toleration and its relevance to the debate on polygamy. The remaining sections consider Marci Hamilton’s claim that polygamy should not be accommodated. Hamilton’s position rests on three kinds of arguments which I call: 1) the argument from public reason; 2) the argument from democracy; and 3) the argument from exploitation. Each of these fails: 1) fails because Hamilton’s conception of public reason is too restrictive; 2) fails because it rests on a procedural test (...) which attempts to balance claims about rights against claims about the public good—and thus presupposes a flawed conception of rights; 3) is the most compelling of Hamilton’s arguments but could be met in principle if one can show that the right design of background institutions can accommodate polygamy without sponsoring an exploitative form of marriage. (shrink)

I argue that Habermas's conception of moral justification cannot be proceduralist in the way he claims that it is if discourse ethics is to remain a version of Kantian ethics. This argument is supported by two claims. The first is that Habermas claims there are no substantive constraints on moral argument. The second is that discourse ethics requires the substantive constraint of moral respect where moral respect is understood to be a preprocedural norm to which all moral claims are accountable.

moral foundation of liberalism can be defended in one of three ways: (1) as a conception one accepts as a result of one’s affirmation of political liberalism, (2) as a conception one must affirm as a presupposition for political liberalism, or (3) as a philosophical truth about practical reason and persons. The first option makes it impossible to distinguish a moral consensus from a modus vivendi . The second renders the moral foundation of liberalism dogmatic because it affirms a moral (...) foundation for which no justification is provided. Since there are good reasons for rejecting (1) and (2), that leaves option (3). I argue that (3) should be the preferred option for liberals who advance liberalism as a political doctrine with a moral foundation. (shrink)

In the last forty years, Roman Catholic moral theology has been experiencing revolutionary tension and change. In this unique and thoroughly documented study, a distinguished Jesuit moral theologian examines the events, personalities, and conflicts that have contributed, from New Testament times to the present, to the Roman Catholic moral tradition and its contemporary crisis, and interprets the fundamental changes taking place in the subject today. Among the topics covered in this volume are papal infallibility, confession as a sacrament, the legacy (...) of Augustine, the dramatic change in attitude to "salvation outside the Church," and the continuing impact on moral theology of the 1968 papal encyclical on birth control and of the Second Vatican Council. (shrink)