Discrimination By and Against Religion

Author: Cecile Laborde; Micah Schwartzman; Nelson Tebbe
Publisher: Oxford University Press
ISBN: 9780198926924
Published In: September 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Conflicts involving religion and equality have been salient in many countries in recent years. Although such conflicts are far from new, they have taken new forms. This novelty is partly due to the rise of conservative populism and the way it correlates with religious affiliation, and partly due to local specificity. Whatever the cause, courts and lawmakers have developed new approaches to free exercise as clashes have shifted and intensified. And experts - in law, politics, religion, and philosophy - have kept pace by developing new frameworks for understanding such problems as well as new proposals for solutions.

At least two dynamics are in play: claims of discrimination by religious groups and claims of discrimination against them. On the one hand, religious actors seek exceptions from laws and policies that guarantee equality, while on the other hand, religious actors may seek the protection of antidiscrimination rules. These two dynamics together raise deep questions of political theory. Is religious freedom best conceptualized as a liberty right or as an equality right, or both? Exactly what kind of equality should be afforded to religious actors-protection against discriminatory intent, discriminatory effects, or something more powerful than either of these? Should religion be given special constitutional or political solicitude, as compared to secular conscientious commitments, or is such consideration itself unequal and unwarranted?

This volume interrogates these questions from diverse perspectives, putting into conversation scholars who work in different fields of study and who live in various countries across Europe and North America. Together, its chapters capture the cutting edge of scholarship on questions of religion and equality.

Chapter 16 of this work is available under the terms of a CC BY-NC-ND 4.0 International open access licence. This part of the work is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.

Introduction

Part I. Equality and Liberty

1:Religious Freedom: A Moral Theory of Mandatory Exemptions

Mark Greenberg and Lawrence G. Sager

2:Liberty and Equality of Conscience

Nelson Tebbe

3:Secular Rules and Indirect Discrimination against Christians

Cécile Laborde

4:The Equality Principle of Religious Freedom

Alan Patten

5:Slipping From Secularism

Micah Schwartzman and Richard Schragger