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Author: Andrew Koppelman
Publisher: Oxford University Press, USA
ISBN: 0197500986
Category : Law
Languages : en
Pages : 215
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Book Description
Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
Author: Andrew Koppelman
Publisher: Oxford University Press, USA
ISBN: 0197500986
Category : Law
Languages : en
Pages : 215
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Book Description
Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
Author: Douglas Laycock
Publisher: Rowman & Littlefield
ISBN: 0742565645
Category : Law
Languages : en
Pages : 284
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Book Description
Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise in many spheres of law as a result of the legal recognition of same-sex marriage.
Author: Timothy Samuel Shah
Publisher: Oxford University Press
ISBN: 0190600608
Category : Political Science
Languages : en
Pages : 361
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Book Description
In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. The eye of this conflict is the debate over claims of religious freedom, on one hand, and claims of equal rights for lesbian, gay, bisexual, and transgender (LGBT) people, on the other. As new rights for LGBT people have expanded in liberal democracies across the West, many advocates of religious freedom claim that their rights - such as the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have experienced a corresponding decline. In Religious Freedom and Gay Rights, editors Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman bring together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three geographic regions: the United States, the United Kingdom, and continental Europe. The result is a thoughtful inquiry into the legal and moral frameworks that govern tensions between gay rights and religious freedom and the political controversies that these tensions have produced. -- from back cover.
Author: Douglas Laycock
Publisher: Rowman & Littlefield
ISBN: 0742565645
Category : Law
Languages : en
Pages : 344
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Book Description
Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise in many spheres of law as a result of the legal recognition of same-sex marriage.
Author: John Corvino
Publisher: Oxford University Press
ISBN: 0190603089
Category : Philosophy
Languages : en
Pages : 288
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Book Description
Virtually everyone supports religious liberty, and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society? This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young social conservatives. Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide same-sex wedding services? But the conflicts extend well beyond the LGBT rights arena. How should we treat hospitals, schools, and adoption agencies that can't in conscience follow antidiscrimination laws, healthcare mandates, and other regulations? Should corporations ever get exemptions? Should public officials? Should we keep controversial laws like the Religious Freedom Restoration Act, or pass new ones like the First Amendment Defense Act? Should the law give religion and conscience special protection at all, and if so, why? What counts as discrimination, and when is it unjust? What kinds of material and dignitary harms should the law try to fight-and what is dignitary harm, anyway? Beyond the law, how should we treat religious beliefs and practices we find mistaken or even oppressive? Should we tolerate them or actively discourage them? In point-counterpoint format, Corvino, Anderson and Girgis explore these questions and more. Although their differences run deep, they tackle them with civility, clarity, and flair. Their debate is an essential contribution to contemporary discussions about why religious liberty matters and what respecting it requires.
Author: William N. Eskridge Jr
Publisher: Cambridge University Press
ISBN: 1108470157
Category : Law
Languages : en
Pages : 567
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Book Description
LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.
Author: Andrew Koppelman
Publisher:
ISBN: 9780197501016
Category : Discrimination
Languages : en
Pages : 202
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Book Description
Author: William N. Eskridge Jr
Publisher: Cambridge University Press
ISBN: 1108660347
Category : Law
Languages : en
Pages : 773
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Book Description
The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.
Author: Carlos A. Ball
Publisher: Harvard University Press
ISBN: 0674972198
Category : History
Languages : en
Pages : 363
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Book Description
Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.
Author: David A. J. Richards
Publisher: University of Chicago Press
ISBN: 0226712095
Category : Law
Languages : en
Pages : 247
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Book Description
1. THE RACIAL ANALOGY
