Religious Freedom: Public Conscience, Private Equality, and Public Reason
From wedding cakes to contraception and employment rights, religious freedom claims are being challenged as violations of equality and the Establishment Clause notion that religious reasons cannot justify coercion. Recent cases such as Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission,...
Main Author: | |
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Format: | Electronic Article |
Language: | English |
Check availability: | HBZ Gateway |
Journals Online & Print: | |
Fernleihe: | Fernleihe für die Fachinformationsdienste |
Published: |
Oxford University Press
[2020]
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In: |
A journal of church and state
Year: 2020, Volume: 62, Issue: 4, Pages: 630-653 |
Standardized Subjects / Keyword chains: | B
Religious freedom
/ USA, Constitution (1787). Amendment 1
/ USA
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IxTheo Classification: | KBQ North America SA Church law; state-church law |
Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
Summary: | From wedding cakes to contraception and employment rights, religious freedom claims are being challenged as violations of equality and the Establishment Clause notion that religious reasons cannot justify coercion. Recent cases such as Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission and Burwell v. Hobby Lobby Stores, Inc. challenge the Jeffersonian idea that free exercise can be understood as a private right to conscience. I argue that when private religious claims place sufficiently state-like coercive pressure on others we should require accessible public justification. Doing so suggests that... |
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ISSN: | 2040-4867 |
Contains: | Enthalten in: A journal of church and state
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Persistent identifiers: | DOI: 10.1093/jcs/csz081 |