We’ve had occasion to observe before in this forum that equality seems to have become
the overriding, master value of our time, particularly in the ongoing contests between religious rights and other rights of sexuality and equality, and even more particularly for academics writing in the field. Still, there remains disagreement among scholars on the subject. Here is a volume published by Cambridge that gathers authors to “rethink” the “balance” among these commitments: The Conscience Wars: Rethinking the Balance Between Religion, Identity, and Equality, edited by Susanna Mancini and Michel Rosenfeld. The book is rather tilted, however, in the direction of re-weighting and re-ranking values and interests against religious conviction and in favor of equality. Reviewing the list of contributors, it is somewhat striking, though not too surprising, that in a collection of more than 18 chapters (some with multiple authors), none of the contributors is much known in prior work for ranking religion comparatively highly in these contests.
In this work, Professors Rosenfeld and Mancini have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today’s most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate’s terms.
“substantive” due process, a symbiotic mix that was no accident. The combatants in the fight for that expansion are often thought to be the religious–and especially Christian, on the one hand, and the non- or anti-religious, on the other. And yet in this new book published by Hachette,
Looking back from the perspective of forty years, the Iranian Revolution appears more and more as a turning point in world history. The Shia political resurgence encouraged similar Islamist movements in the Sunni world as well; and those movements have shaped the politics of the Mideast, and the world, ever since. A new history from Yale University Press,
Enlightenment secularism seems to have a concentrating effect on religion. In response to the challenge secularism poses, more moderate expressions of religion fade away, while more insular, “extreme” communities come into existence and thrive. Perhaps, as secularism occupies more and more space in a culture, only those religious communities that consciously set their face against it can survive.
Law features much more prominently in the life of Islam than Christianity. This was, in some ways, a comparative advantage for the new faith. At least the leaders of Christian communities perceived it as such: in the early centuries of their encounter with Islam, Christian leaders often identified the influence the fiqh courts had in encouraging conversions within their communities. One medieval Armenian cleric, Mkhitar Gosh, even complied a Christian law code to compete with fiqh, so that Armenian Christians would have less temptation to resort to Islamic courts.
Alexander Hamilton had a tempestuous inner life, including with respect to religion. Devout as a child, skeptical as an adult, towards then end of his life he seems to have become an orthodox Christian. Whatever his internal views, his position with respect to the public importance of religion was clear. He drafted Washington’s Farewell Address,