From a tolerant to an ethically neutral state

Abstract

Abstract This paper is a critical analysis of some controversial questions concerning the principle of the ethical neutrality of the state, which is one way modern political and legal orders can respond to the challenges and unresolved problems associated with the fact that members of modern ethical pluralistic societies hold different and sometimes mutually inconsistent axiological beliefs and conceptions about the good and ways of life. The principle of the ethical neutrality of the state requires the state to withdraw from a politics of mutually competitive axiological beliefs and ways of the good life and occupy ethically neutral ground and seek solutions to the issues of righteousness and rights which concern all members of a pluralistic society. In particular, the author of the paper analyses a particular kind of relativization of this principle, which arises when the state identifies with a particular prevailing morality or truths of a dominant religion and then, from this normative position only “tolerates” to a certain extent the different values and ways of life pursued by others. The author also attempts to clarify some aspects of this issue by considering how the morally controversial issue of the rights of homosexual couples is understood in Slovakia.