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Exemptions
Necessary, Justified, or Misguided?
Kent Greenawalt
Harvard University Press, 2016

Should laws apply equally to everyone, or should some individuals and organizations be granted exemptions because of conflicting religious or moral convictions? In recent years, this question has become intensely controversial in America. The Supreme Court’s ruling on same-sex marriage, in particular, has provoked barbed debates about legal exemptions. At the core of these debates lies the question of whether basic values of equality and nondiscrimination are at odds with the right to live according to one’s religious beliefs.

In Exemptions: Necessary, Justified, or Misguided? Kent Greenawalt draws on his extensive expertise to place same-sex marriage and other controversies within a broader context. Avoiding oversimplification and reflecting a balanced consideration of competing claims and harms, he offers a useful overview of various types of exemptions and the factors that we should take into account when determining the justice of a particular exemption.

Through a close study of several cases, from doctors who will not perform abortions to institutions that do not pay taxes, Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law. This thoughtful guide to exemptions will prove an invaluable resource as America struggles to come to terms with Obergefell v. Hodges, Burwell v. Hobby Lobby, and similar controversies. Exemptions shows how to reach the most just and desirable legal conclusions by respecting those who wish to live according to different fundamental values.

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Follow Your Conscience
The Catholic Church and the Spirit of the Sixties
Peter Cajka
University of Chicago Press, 2021
What is your conscience? Is it, as Peter Cajka asks in this provocative book, “A small, still voice? A cricket perched on your shoulder? An angel and devil who compete for your attention?” Going back at least to the thirteenth century, Catholics viewed their personal conscience as a powerful and meaningful guide to align their conduct with worldly laws. But, as Cajka shows in Follow Your Conscience, during the national cultural tumult of the 1960s, the divide between the demands of conscience and the demands of the law, society, and even the church itself grew increasingly perilous. As growing numbers of Catholics started to consider formerly stout institutions to be morally hollow—especially in light of the Vietnam War and the church’s refusal to sanction birth control—they increasingly turned to their own consciences as guides for action and belief. This abandonment of higher authority had radical effects on American society, influencing not only the broader world of Christianity, but also such disparate arenas as government, law, health care, and the very vocabulary of American culture. As this book astutely reveals, today’s debates over political power, religious freedom, gay rights, and more are all deeply infused by the language and concepts outlined by these pioneers of personal conscience.
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Freedom of Expression
Archibald Cox
Harvard University Press, 1981

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Grace and Freedom in a Secular Age
Contingency, Vulnerability, and Hospitality
Philip J. Rossi
Catholic University of America Press, 2022
In the course of a long and distinguished academic and civic career, the Canadian philosopher Charles Taylor has been, for articulate atheists and learned believers alike, an incisive, insightful, gracious, and challenging conversation partner on issues that arise at the intersection and interaction of religion, society, and culture. Grace and Freedom in a Secular Age offers a concise exposition of key ideas – contingency, otherness, freedom, vulnerability and mutuality – that inform his probing analyses of the dynamics of religious belief and religious denial in the pervasive contemporary culture he calls a “a secular age,” within which religious belief and practice have, for many, become just an option. Those ideas provide the basis from which Rossi argues that, despite a clear-eyed recognition of the deep fractures of meaning and the pervasive fragmentation of once stable societal connections that a secular age has brought in its wake, Taylor also sees and affirms strong grounds for hope in a healing of our broken and fractured world and for the possibilities—and the importance of—active human participation in that healing. Taylor points to signs indicative of potent re-compositions and renewals taking place in religious belief and practice from its interaction with the dynamics of secular culture, particularly ones that make possible radical enactments of deeper human solidarity and mutuality, of which the one most often potent is the reconciliation of enemies. In pointing out these signs, Taylor suggests a richly expansive reading of the Christian doctrine of Creation, as it marks the radical contingency of all that is upon a freely bestowed divine self-giving: Creation is the ongoing enactment of the divine hospitality of the Triune God.
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Secularism and Freedom of Conscience
Jocelyn Maclure and Charles Taylor
Harvard University Press, 2011

Secularism: the definition of this word is as practical and urgent as income inequalities or the paths to sustainable development. In this wide-ranging analysis, Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and its two operative modes—separation of Church (or mosque or temple) and State, and State neutrality vis-à-vis religions. But more crucially, they make the powerful argument that in our ever more religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom.

Secularism and Freedom of Conscience grew out of a very real problem—Quebec’s need for guidelines to balance the equal respect due to all citizens with the right to religious freedom. But the authors go further, rethinking secularism in light of other critical issues of our time. The relationship between religious beliefs and deeply-held secular convictions, the scope of the free exercise of religion, and the place of religion in the public sphere are aspects of the larger challenge Maclure and Taylor address: how to manage moral and religious diversity in a free society. Secularism, they show, is essential to any liberal democracy in which citizens adhere to a plurality of conceptions of what gives meaning and direction to human life. The working model the authors construct in this nuanced account is capacious enough to accommodate difference and freedom of conscience, while holding out hope for a world in which diversity no longer divides us.

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