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.
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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