Around the Web

Here are some important law-and-religion news stories from around the web:

Tebbe, “Religious Freedom in an Egalitarian Age”

In January, Harvard University Press will release Religious Freedom in an Egalitarian Age by Nelson Tebbe (Brooklyn Law School). )The Center co-sponsored a symposium on Nelson’s book earlier this fall). The publisher’s description follows:

religious-freedom-in-an-egalitarian-ageTensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now.

Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer.

Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.

“Religious Freedom and Gay Rights” (Shah et. al., eds.)

In June, Oxford University Press will release “Religious Freedom and Gay Rights: Emerging Conflicts in North America and Europe” edited by Timothy Shah (Georgetown University), Thomas Farr (Georgetown University), and Jack Friedman (Georgetown University). The publisher’s description follows:

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom — such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws — have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman’s volume, Religious Freedom and Gay Rights brings together some of the world’s leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.

Weller et al., “Religion or Belief, Discrimination and Equality”

In May, Bloomsbury Academic Publishing will release “Religion or Belief, Discrimination and Equality: Britain in Global Contexts” by Paul Weller (University of Derby), Kingsley Purdam (University of Manchester), Nazila Ghanea (University of Oxford), Sariya Cheruvallil-Contractor (University of Derby).  The publisher’s description follows:

Religion Or BeliefIn recent years, controversial issues related to religion or belief, discrimination, equality and human rights have come to the fore, especially in the context of public debates around multiculturalism following the ‘social policy shock’ created by the impact of violent religious extremism. For example should there be restrictions on what people can wear in the work place based on their religious identity? Should religious organizations be exempt from aspects of equalities legislation which are not in line with their beliefs and values? How should non-religious identities be recognized?

In the context of increasing cultural and religion or belief diversity, it is vitally important for the future to understand the nature and extent of discrimination and unfair treatment on the grounds of religion or belief, and to assess the adequacy of policies, practices and laws designed to tackle this. This includes the overlap of religion or belief identities with other aspects of people’s identity including characteristics such as age, disability, race, sex and sexual orientation which can also be legally protected.

This volume is a benchmark publication on religion, discrimination and equality. It includes data and insights derived from the fieldwork, focus groups and questionnaire survey of a recent national research project in Britain. Its analysis presents a unique insight into continuity and change in people’s reported experience over a decade of equalities legislation and political and social change of unfair treatment on the basis of religion or belief. Grounded in empirical and contextualized data, its findings are placed in the context of European and international human rights law.

Its findings will be of special interest to both scholars and practitioners working in the specific fields of education, employment, the media, criminal justice and immigration, housing, health care, social services, and funding, as well as in the broader fields of religion or belief, the law and public policy.

Tebbe (ed.), “Religion and Equality Law”

This June, Ashgate Publishing will publish Religion and Equality Law edited by Nelson Tebbe (Brooklyn Law School). The publisher’s description follows.

The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality – which are often misunderstood or conflated – and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.

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