Liberty of Conscience: The Attack on Equal Respect

Martha C. Nussbaum

Journal of Human Development and Capabilities, 2007, vol. 8, issue 3, 337-357

Abstract: All modern nations face problems of religious toleration and respect. Examining the US constitutional tradition of religious free exercise and non-establishment, I argue that the core value in this tradition is that of equal respect for conscience, a value that militates against all governmentally-created hierarchies or 'in-groups.' I argue that this tradition is on the whole a helpful guide in thinking about such issues more generally. On the 'free exercise' side, I argue for a doctrine of 'accommodation' that gives dispensations from generally applicable laws on grounds of conscience. On the 'non-establishment' side, I look at issues of public displays, school prayer, and public funding, arguing that the key question is whether the policy in question makes a statement of endorsement or disendorsement, creating preferred and dispreferred classes of citizens. I conclude by examining the major threats to the tradition of equal respect.

Keywords: Religion; Respect; Equality; Free exercise; Establishment; Constitution (search for similar items in EconPapers)
Date: 2007
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DOI: 10.1080/14649880701462023

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