The paper offers a critical engagement with Cécile Laborde’s book, Liberalism’s Religion. It elaborates several objections to Laborde’s account of religious accommodations, and sketches an alternative approach.

The right to religious liberty as for instance set out in the European Convention of Human Rights protects acts of religious observance. Such protection can clash with other considerations, including laws aimed at protecting other state interests. Religious freedom therefore requires an account of when the right should lead to exemptions from other laws and when the right can legitimately be limited. Alan Patten has proposed a Fair Opportunity view of the normative logic of religious liberty. But Patten’s view faces (...) several problems. The normative work in his view is mainly done by added accounts of reasonable claims and of justifiability. So, the Fair Opportunity view in itself does not provide a normative criterion. Defenses of the Fair Opportunity view must therefore turn on the theoretical preferability of its structural features. But the Fair Opportunity view has the wrong form to capture the right to freedom of religion. The form of the right to freedom of religion is due to how its point is to address how states limit the liberty of citizens. Given a practice dependent approach, which assigns importance to the point and purpose of the right to freedom of religion, Patten’s theory is thus problematic. (shrink)

This is a reply to four critics of my book Liberalism’s Religion: Jonathan Quong, Alan Patten, David Miller and Jeremy Waldron, whose essays have been published in a Special Issue of Criminal Law and Philosophy.

Legal and philosophical theories of religious exemptions have primarily understood them as a means toward one or more moral ends: protecting rights and securing equality, primarily. But exemptions also serve an under-theorized stabilizing function in resolving conflicts between law and belief. In this paper, I argue that these conflicts pose a challenge to public justification, and ipso facto to political stability. I then show how religious exemptions can support stability by ameliorating these conflicts, and elaborate parameters for identifying those exemptions (...) most likely to achieve this stability-enhancing effect. (shrink)

Legal and philosophical theories of religious exemptions have primarily understood them as a means toward one or more moral ends: protecting rights and securing equality, primarily. But exemptions also serve an under-theorized stabilizing function in resolving conflicts between law and belief. In this paper, I argue that these conflicts pose a challenge to public justification, and ipso facto to political stability. I then show how religious exemptions can support stability by ameliorating these conflicts, and elaborate parameters for identifying those exemptions (...) most likely to achieve this stability-enhancing effect. (shrink)

Many of the most influential theorists of linguistic justice make arguments on the basis of comparisons between language and religion. They claim either that (1) language, by contrast with religion, cannot be separated from the state or that (2) unequal official linguistic recognition, just like unequal official religious recognition, is morally problematic. This article argues that careful attention to debates about liberalism and the place of religion in public life invites us to question the two above-mentioned liberal assumptions about religion (...) underlying many arguments concerning linguistic justice based on (dis)analogies between language and religion. The hope is that such critical scrutiny is likely to shed some light on normative questions of linguistic justice, more precisely on questions about the legitimacy of granting more recognition to certain languages, usually those of national native groups (as opposed to groups resulting from more or less recent immigration). (shrink)

According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend that claims of conscience cannot justify demands for exemptions, since they do not meet even the most inclusive standards of public justification. Arguments of the form ‘My conscience says so’ do not explicate the rationale behind the practices that the claimants seek to protect. Therefore, such arguments do not constitute even pro tanto (...) reasons for exemptions. Rather, they are what Francis Bacon called idola fori – ‘idols of the marketplace’– conventional justifications that are deemed rational and even self- evident, while in fact they are not. (shrink)

The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...) case based on the biblical story of Abraham’s sacrifice, not to speak of real-life cases that are far less suggestive. Secondly, I argue that it is possible to consider demands for religious exemptions respectfully, without even challenging the way they are justified, but still reject them for principled reasons—namely, because these demands cannot be met without arbitrarily bending popular sovereignty to the dictate of religious doctrines. (shrink)