Religious Freedom, LGBT Rights, and the Prospects for Common Ground

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Religious Freedom, LGBT Rights, and the Prospects for Common Ground

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The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law.

This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

1. Prospects for common ground: introduction - William N. Eskridge, Jr. and Robin Fretwell Wilson

Part I. The Search for Common Ground: Framing the Dialogue:

2. Choosing among non-negotiated surrender, negotiated protection of liberty and equality, or learning and earning empathy - Alan Brownstein

3. Liberty and justice for all - Douglas Laycock

4. Belief and belonging: reconciling legal protections for religious liberty and LGBT youth - Shannon Price Minter

5. Religious freedom, civil rights, and sexuality: a Christian ethics perspective - Dennis P. Hollinger

Part II. Guiding Principles for Mediating Conflicts:

6. Religious accommodation, and its limits, in a pluralist society - Douglas NeJaime and Reva B. Siegel

7. 'The Devil is in the details': on the central importance of distinguishing the truly public from the truly private in reconciling equality and religious liberty - Ronald J. Krotoszynski, Jr.

8. Mutual tolerance and sensible exemptions - Kent Greenawalt

9. The joys of mutual contempt - Andrew Koppelman

10. From conflict to coexistence: the catholic response to the LGBT community - Jeanine Gramick

11. Implied-consent religious institutionalism: applications and limits - Michael A. Helfand

Part III. The Demands of Faith: Perspectives from Select Faith Traditions:

12. Christian identity and religious liberty - Leith Anderson

13. The 'demands' of faith - William E. Lori

14. Toward collaboration: a perspective from the church of Jesus Christ of latter-day saints - Elder Von G. Keetch

15. Conscience claims in Islamic law: a case study - Intisar A. Rabb

16. Should an Amish baker sell a cake for a same-sex wedding? A letter on toleration of LGBT rights from anabaptists to evangelicals - Jason R. Moyer

Part IV. Testing the Civil Rights Analogy:

17. The rhetoric of bigotry and conscience in battles over 'religious liberty v. LGBT rights' - Linda C. McClain

18. Against 'civil rights' simplism: how not to accommodate competing legal commitments - Steven D. Smith

19. Heterosexuals only: signs of the times? - Louise Melling

20. Conscience v. access and the morality of human rights, with particular reference to same-sex marriage Michael Perry

21. On the uses of anti-Christian identity politics - Marc DeGirolami

Part V. Strings Attached? Government Support of Religion and Religious Institutions:

22. Marriage equality, traditionalist churches, and tax exemptions - William N. Eskridge, Jr.

23. Why money matters: LGBT rights and religious freedom - K. Hollyn Hollman

24. Freedom to serve: religious organizational freedom, LGBT rights, and the common good - Thomas C. Berg

Part VI. Educational Institutions in the Age of Same-Sex Marriage:

25. Two paths: finding a way forward at covenantal universities - Shirley V. Hoogstra, Shapri D. LoMaglio and Brad Cofford

26. God and man and religious exemptions in the modern university - B. Jessie Hill

Part VII. The Challenges of Public Accommodations:

27. Challenges to true fairness for all: how SOGI laws are unlike civil liberties and other nondiscrimination laws and how to craft better policy and get nondiscrimination laws right - Ryan T. Anderson

28. Dressmakers, bakers, and the equality of rights - Michael W. McConnell

29. It's not about the cake: against 'altaring' the public marketplace - Jennifer C. Pizer

30. Bathrooms and bakers: how sharing the public square is the key to a truce in the culture wars - Robin Fretwell Wilson

Part VIII. Reflections from Advocates, Legislators, and Policymakers:

31. Sound nondiscrimination models and the need to protect LGBTQ people in federal law - Sarah Warbelow

32. Cultivating common ground: lessons from Utah for living with our differences - J. Stuart Adams

33. Shared spaces and brave gambles - Michael O. Leavitt

Part IX:

34. Afterword - David N. Saperstein

35. Appendix of laws

Index