Wrongful Discrimination? Religious Freedom, Pluralism, and Equality

Document Type

Book Chapter

Publication Date

2016

Publication Information

in Religious Freedom & Gay Rights: Emerging Conflicts in the United States & Europe 67 (Timothy Shah, Thomas Farr & Jack Friedman eds., 2016).
Available in Kresge Law Library

Abstract

It will be suggested in this chapter that this tension might be lessened, or at least better managed, if citizens and lawmakers thought more carefully about when and why "discrimination" is wrong and about the moral and constitutional limits on governments' efforts to prevent and remedy, in the name of equality, wrongful discrimination. It will also be proposed that what Pope Emeritus Benedict XVI and others have called "healthy secularity" provides a way of thinking about these matters that is attractive, promising, and appropriately appreciative of pluralism.

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