Wrongful Discrimination? Religious Freedom, Pluralism, and Equality
Richard W Garnett, Wrongful Discrimination? Religious Freedom, Pluralism, and Equality, in Religious Freedom & Gay Rights: Emerging Conflicts in the United States & Europe 67 (Timothy Shah, Thomas Farr & Jack Friedman eds., 2016).
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.
Oxford University Press
religious freedom, pluralism, equality, discrimination, gay rights, marriage, LGBT, First Amendment
Civil Rights and Discrimination | First Amendment | Law | Religion Law | Sexuality and the Law
Garnett, Richard W., "Wrongful Discrimination? Religious Freedom, Pluralism, and Equality" (2016). Books. 264.