Liberty of Conscience: The Attack on Equal Respect1

Abstract

All modern nations face problems of religious toleration and respect. Examining the US constitutional tradition of religious free exercise and non‐establishment, I argue that the core value in this tradition is that of equal respect for conscience, a value that militates against all governmentally‐created hierarchies or ‘in‐groups.’ I argue that this tradition is on the whole a helpful guide in thinking about such issues more generally. On the ‘free exercise’ side, I argue for a doctrine of ‘accommodation’ that gives dispensations from generally applicable laws on grounds of conscience. On the ‘non‐establishment’ side, I look at issues of public displays, school prayer, and public funding, arguing that the key question is whether the policy in question makes a statement of endorsement or disendorsement, creating preferred and dispreferred classes of citizens. I conclude by examining the major threats to the tradition of equal respect.