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,...

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Bibliographic Details
Main Author: McGravey, Kevin (Author)
Format: Electronic Article
Language:English
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Published: Oxford University Press [2020]
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
IxTheo Classification:KBQ North America
SA Church law; state-church law
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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...
ISSN:2040-4867
Contains:Enthalten in: A journal of church and state
Persistent identifiers:DOI: 10.1093/jcs/csz081