Abstract

Religious values neither wholly threaten nor wholly reinforce the stability of liberal democracy. This depends upon how they may be interpreted and applied. The recent influence of Christian nationalists, who would promote a specific interpretation of Christianity as the only legitimate basis for public policy, and of those who would elevate religious liberty above all other rights, does not promote pluralism. Although people should be able to live out their religious commitments, it is the state, not individuals or private organizations, that must draw the line between the free exercise of religion and the civil rights of those who may be adversely affected by the religious exercise of others. First, religious rights may threaten other rights, particularly when reinforced with public funds. Second, religion makes valuable contributions to pluralism when it protects the conscientious beliefs and practices of individuals and of minority religious groups. Finally, concerning LGBT civil rights, individual religious believers should be accommodated as much as possible, but their organizations should be required to arrange for others without objections to provide services that are sought. Religion’s greatest contribution occurs when it is allied with movements that enhance individual rights, including but not limited to the free exercise of religion.

Highlights

  • Religious values neither wholly threaten nor wholly reinforce the stability of liberal democracy

  • I argue here, that it is the state, not individuals or private organizations, that must draw the line between the free exercise of religion and the civil rights of those who may be adversely affected by the religious exercise of others

  • Religion shines in its support for pluralism when it protects the conscientious beliefs and practices of individuals, including those of minority religious groups

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Summary

Setting Up the Conflict

Thomas Berg has argued that religious freedom cannot properly be defended as a social contribution to be protected as a matter of policy when it contributes to the common good. The importance of both beliefs and the practices that flow from them, apply to defenders of religious freedom and of LGBT civil rights The contributions of both religion and broader conscientious belief to pluralism in a liberal democracy, depend upon how this balance is handled. Different kinds of neutrality exist in different contexts, because neutrality has meaning only when it can be measured or judged in terms of some independent standard, or one that is agreed upon for the purpose at hand This point can be illustrated by the difficulty with nonpreferentialism in religious jurisprudence, or the idea that a government that evenhandedly accords benefits to all religious groups is neutral and is not establishing religion. Christianity, the resulting effects cannot help but favor the dominant religion to the exclusion of other belief systems—even without the help of Christian nationalists

The Current Religious Threat to Pluralism
The Priority of Religious Liberty?
Problems with Public Funding
The Importance of Alternatives
Exit Rights as Jurisdictional Autonomy
Current Religious Contributions to Pluralism
Protection for Individual Conscience
Exemptions and Their Implications
Stopping Points
Exit Rights and Pluralism
Marriage Licenses and Pharmacies
Religious Freedom and Institutions
Race Versus Sexual Orientation and Gender Identity
Conclusions
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