Religious Freedom, LGBT Rights, and the Prospects for Common Ground
£135.00
- Editors:
- William N. Eskridge Jr, Yale University, Connecticut
- Robin Fretwell Wilson, University of Illinois, Chicago
- Date Published: November 2018
- availability: Available
- format: Hardback
- isbn: 9781108470155
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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.
Read more- Includes prominent voices and stakeholders in the faith community, leading proponents of LGBT rights, and equality and religious liberty scholars
- Provides a comprehensive, interdisciplinary examination of religious liberty-non-discrimination conflicts
- Includes the voices of those who believe accommodation is possible as well as the skeptics who don't
Reviews & endorsements
'Taken together, this outstanding collection of essays is an enlightening, civil and ultimately hopeful dialogue about one of the most urgent public policy questions of our time. Essential reading for every American who cares about religious freedom, equality and the prospects for finding common ground across our deepest differences.' Charles C. Haynes, Founding Director, Religious Freedom Center, Freedom Forum Institute
See more reviews'This superbly edited, richly diverse, and impressively comprehensive volume promises a 360-degree vantage on one of the most complex and polarizing issues of our day - and it delivers. Whether you already know what you think, or are coming fresh to the controversy, you will find these pages to be rich in wisdom and glowing with the spirit and ingenuity of American pluralism.' Jonathan Rauch, Brookings Institution, Washington, DC
'This big, bold, and bracing book is pulsing with good will and earnest effort to reconcile competing claims of religious freedom and sexual liberty, especially for LGBTQ parties. Professors Wilson and Eskridge, Jr, have long been national leaders in this reconciliation effort, and deserve high praise for assembling such a vast collection of leading scholars. This will be the go-to book for the next generation.' John Witte, Jr, Director, Center for the Study of Law and Religion, Emory University, Atlanta
'Professors Eskridge, Jr and Wilson have collected an enlightening and engaging collection of views and arguments that covers the full conversation about whether and how 'common ground' between religious freedom and LGBT rights is possible. In this volume, legal scholars, activists, theologians, historians, and public officials explore not only the history, justifications, and implications of religious liberty's foundational status, but also the contemporary challenges to it.' Richard W. Garnett, Paul J. Schierl / Fort Howard Corporation Professor of Law, Notre Dame Law School, Indiana
'Religious Freedom, LGBT Rights, and the Prospects for Common Ground is an encouraging volume. Collectively, the chapters make an excellent case that it is possible to better protect LGBT rights without forcing citizens such as Barronelle Stutzman to choose between their professions and their religious convictions. One can only hope that it finds its way into the hands of state legislators throughout the country.' Mark David Hall, Herbert Hoover Distinguished Professor of Politics, George Fox University, Oregon
'This volume is the most comprehensive and thorough discussion of the contentious legal and political questions surrounding religious liberty and LGBT rights on offer.' Matthew Lee Anderson, Journal of Church and State
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×Product details
- Date Published: November 2018
- format: Hardback
- isbn: 9781108470155
- length: 564 pages
- dimensions: 235 x 156 x 32 mm
- weight: 0.93kg
- availability: Available
Table of Contents
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.
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