Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0009
A. Koppelman
Even if the racism analogy is morally sound, that conclusion cannot support the withholding of all accommodation. It is actually several different analogies. One might be comparing their effects, their moral errors, the evil intentions of those who hold them, or their status as views that are appropriately stigmatized. There are important differences. Religious heterosexism is generally nonviolent. And unlike in 1964, when the Civil Rights Act was passed, religious claims can be accommodated without defeating the point of the law. Establishing a legitimate place for dissenters, in a gay-friendly legal regime, would actually be helpful in addressing some of the most pressing contemporary gay rights issues, notably youth homelessness.
即使种族主义类比在道德上是合理的，这个结论也不能支持拒绝所有的迁就。实际上有几个不同的类比。人们可能会比较它们的影响，它们的道德错误，持有它们的人的邪恶意图，或者它们作为被适当污名化的观点的地位。它们之间有重要的区别。宗教异性恋通常是非暴力的。与1964年《民权法案》(Civil Rights Act)通过时不同的是，宗教主张可以在不违背法律宗旨的情况下得到满足。在一个对同性恋友好的法律制度下，为持不同政见者建立一个合法的地位，实际上会有助于解决一些最紧迫的当代同性恋权利问题，尤其是年轻人无家可归。
{"title":"The racism analogy is misleading","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0009","url":null,"abstract":"Even if the racism analogy is morally sound, that conclusion cannot support the withholding of all accommodation. It is actually several different analogies. One might be comparing their effects, their moral errors, the evil intentions of those who hold them, or their status as views that are appropriately stigmatized. There are important differences. Religious heterosexism is generally nonviolent. And unlike in 1964, when the Civil Rights Act was passed, religious claims can be accommodated without defeating the point of the law. Establishing a legitimate place for dissenters, in a gay-friendly legal regime, would actually be helpful in addressing some of the most pressing contemporary gay rights issues, notably youth homelessness.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130202764","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0010
A. Koppelman
This chapter considers the compromises that have been proposed: state-level religious freedom restoration acts, specific accommodations such as Mississippi’s law, various scholars’ proposals, and businesses announcing their views in advance and thus avoiding most conflicts with customers. It concludes that the best way to balance the various interests is to have such announcements trigger exemption from the law. The basic aim should be to accommodate religion without seriously harming identifiable third parties.
{"title":"There are many ways to compromise","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0010","url":null,"abstract":"This chapter considers the compromises that have been proposed: state-level religious freedom restoration acts, specific accommodations such as Mississippi’s law, various scholars’ proposals, and businesses announcing their views in advance and thus avoiding most conflicts with customers. It concludes that the best way to balance the various interests is to have such announcements trigger exemption from the law. The basic aim should be to accommodate religion without seriously harming identifiable third parties.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122935783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0007
A. Koppelman
This chapter examines the First Amendment doctrine that the Supreme Court is now developing. Burwell v. Hobby Lobby, the Court’s most important recent decision on accommodation, is no victory for religious liberty. It replaces the sensible regime of balancing with a rule whereby religion will almost always be given special treatment, even if that means that nonadherents suffer enormous harm. If this is now to be the authoritative meaning of freedom of religion, then the consensus that once supported it will inevitably collapse. This chapter shows the destructive implications of the decision for the discrimination question—implications that have already been drawn by several federal courts.
{"title":"“Religion always wins” rules are bad for religious liberty","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0007","url":null,"abstract":"This chapter examines the First Amendment doctrine that the Supreme Court is now developing. Burwell v. Hobby Lobby, the Court’s most important recent decision on accommodation, is no victory for religious liberty. It replaces the sensible regime of balancing with a rule whereby religion will almost always be given special treatment, even if that means that nonadherents suffer enormous harm. If this is now to be the authoritative meaning of freedom of religion, then the consensus that once supported it will inevitably collapse. This chapter shows the destructive implications of the decision for the discrimination question—implications that have already been drawn by several federal courts.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124648628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0004
A. Koppelman
This controversy exacerbated the alienation of Religious Right from liberalism, and helped drive them to support Trump. It was part of the reason why Clinton lost the white Evangelical and Catholic votes so resoundingly, and thus the presidency. It reflects deeper antireligious tendencies on the Left. It facilitates Trump’s efforts to reshape not only American identity, but Christian identity.
{"title":"Worsening the divisions that helped elect Trump","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0004","url":null,"abstract":"This controversy exacerbated the alienation of Religious Right from liberalism, and helped drive them to support Trump. It was part of the reason why Clinton lost the white Evangelical and Catholic votes so resoundingly, and thus the presidency. It reflects deeper antireligious tendencies on the Left. It facilitates Trump’s efforts to reshape not only American identity, but Christian identity.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125083017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0003
A. Koppelman
A few high-profile struggles transformed the perception of religious liberty. Beginning as recently as 2014, the Left began to regard a few individuals who refused to facilitate same-sex weddings—wedding photographer Elaine Huguenin, Kentucky county clerk Kim Davis, baker Jack Phillips—as the paradigm for religious dissent. Soon the term came to be seen as an excuse for discrimination.
{"title":"But now they denounce it as a mere excuse for bigotry","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0003","url":null,"abstract":"A few high-profile struggles transformed the perception of religious liberty. Beginning as recently as 2014, the Left began to regard a few individuals who refused to facilitate same-sex weddings—wedding photographer Elaine Huguenin, Kentucky county clerk Kim Davis, baker Jack Phillips—as the paradigm for religious dissent. Soon the term came to be seen as an excuse for discrimination.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131570777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0002
A. Koppelman
The idea of religious liberty was, for a long time, uncontroversial common ground between right and left. The idea of a private sphere that government must respect—an idea at the core of the gay rights movement—has its roots in dissenting Protestantism. It became the basis for the practice of religious exemptions from generally applicable laws. As recently as 1993, Congress almost unanimously enacted a federal statute codifying that practice. That law continues to produce results that liberals admire, protecting prisoners from arbitrary treatment and religious minorities, notably Muslims, from discrimination. If you want to protect the right to be different, this is a good place to start.
{"title":"Liberals used to love religious freedom","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0002","url":null,"abstract":"The idea of religious liberty was, for a long time, uncontroversial common ground between right and left. The idea of a private sphere that government must respect—an idea at the core of the gay rights movement—has its roots in dissenting Protestantism. It became the basis for the practice of religious exemptions from generally applicable laws. As recently as 1993, Congress almost unanimously enacted a federal statute codifying that practice. That law continues to produce results that liberals admire, protecting prisoners from arbitrary treatment and religious minorities, notably Muslims, from discrimination. If you want to protect the right to be different, this is a good place to start.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131511728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0005
A. Koppelman
Religious accommodations have been granted only when this can be done without defeating the purposes of the law. This chapter examines the purposes of antidiscrimination law. That body of law is an exception to the normal rule of contract at will. Generally, one may refuse to deal for any reason at all. Legislation is only necessary when discrimination is ubiquitous. The law can thus achieve its ends while excusing idiosyncratic dissenters. The harms that have been attributed to discrimination, such as damage to full citizenship status and dignitary harm, are carefully unpacked.
{"title":"Discrimination law can tolerate exceptions","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0005","url":null,"abstract":"Religious accommodations have been granted only when this can be done without defeating the purposes of the law. This chapter examines the purposes of antidiscrimination law. That body of law is an exception to the normal rule of contract at will. Generally, one may refuse to deal for any reason at all. Legislation is only necessary when discrimination is ubiquitous. The law can thus achieve its ends while excusing idiosyncratic dissenters. The harms that have been attributed to discrimination, such as damage to full citizenship status and dignitary harm, are carefully unpacked.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117251914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0008
A. Koppelman
Proponents of special treatment for religion are increasingly drawn to the implausible claim that (what someone takes to be) divine commands should always supersede human ones. A better account would acknowledge that religion is only one among many profound human concerns. The recognition that there is an enormous variety of deep and valuable commitments undergirds the claims of both gay rights and religious freedom. These can only be protected one at a time, and that is a sufficient reason for singling out religion for special treatment.
{"title":"A right to be weird is a good reason to give religion special treatment","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0008","url":null,"abstract":"Proponents of special treatment for religion are increasingly drawn to the implausible claim that (what someone takes to be) divine commands should always supersede human ones. A better account would acknowledge that religion is only one among many profound human concerns. The recognition that there is an enormous variety of deep and valuable commitments undergirds the claims of both gay rights and religious freedom. These can only be protected one at a time, and that is a sufficient reason for singling out religion for special treatment.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129018110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-18DOI: 10.1093/oso/9780197500989.003.0006
A. Koppelman
Some have claimed that accommodation is mandated by free speech. In the Masterpiece Cakeshop v. Colorado case, the Supreme Court was offered an impressive array of variations on this claim. Mostly they are bad arguments. Although merchants have the right to announce their disagreement with the law, speech principles cannot resolve the controversy. Free speech could be construed to protect businesses that produce expressive media, such as (some) photographers, but it can’t intelligibly be stretched to help others with equally pressing conscience claims, such as bakers. It thus addresses the issue in a morally arbitrary way.
{"title":"Free speech principles are barely relevant","authors":"A. Koppelman","doi":"10.1093/oso/9780197500989.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780197500989.003.0006","url":null,"abstract":"Some have claimed that accommodation is mandated by free speech. In the Masterpiece Cakeshop v. Colorado case, the Supreme Court was offered an impressive array of variations on this claim. Mostly they are bad arguments. Although merchants have the right to announce their disagreement with the law, speech principles cannot resolve the controversy. Free speech could be construed to protect businesses that produce expressive media, such as (some) photographers, but it can’t intelligibly be stretched to help others with equally pressing conscience claims, such as bakers. It thus addresses the issue in a morally arbitrary way.","PeriodicalId":149656,"journal":{"name":"Gay Rights vs. Religious Liberty?","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130105876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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