Discrimination By and Against Religion

Erscheinungsjahr 2026
ISBN: 978-0-19-892692-4
Verlag: Oxford University Press

Buch, Englisch, 352 Seiten, Print PDF, Format (B × H): 156 mm x 234 mm

Conflicts involving religion and equality have been salient in many countries in recent years. Although such conflicts are far from new, they have taken new forms. This novelty is partly due to the rise of conservative populism and the way it correlates with religious affiliation, and partly due to local specificity. Whatever the cause, courts and lawmakers have developed new approaches to free exercise as clashes have shifted and intensified. And experts - in law, politics, religion, and philosophy - have kept pace by developing new frameworks for understanding such problems as well as new proposals for solutions.

At least two dynamics are in play: claims of discrimination by religious groups and claims of discrimination against them. On the one hand, religious actors seek exceptions from laws and policies that guarantee equality, while on the other hand, religious actors may seek the protection of antidiscrimination rules. These two dynamics together raise deep questions of political theory. Is religious freedom best conceptualized as a liberty right or as an equality right, or both? Exactly what kind of equality should be afforded to religious actors-protection against discriminatory intent, discriminatory effects, or something more powerful than either of these? Should religion be given special constitutional or political solicitude, as compared to secular conscientious commitments, or is such consideration itself unequal and unwarranted?

This volume interrogates these questions from diverse perspectives, putting into conversation scholars who work in different fields of study and who live in various countries across Europe and North America. Together, its chapters capture the cutting edge of scholarship on questions of religion and equality.

Chapter 16 of this work is available under the terms of a CC BY-NC-ND 4.0 International open access licence. This part of the work is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.

Autoren/Hrsg.

Weitere Mitwirkende

Laborde, Cécile

Schwartzman, Micah

Tebbe, Nelson

Inhaltsverzeichnis

- Introduction

- Part I. Equality and Liberty

- 1: Mark Greenberg and Lawrence G. Sager: Religious Freedom: A Moral Theory of Mandatory Exemptions

- 2: Nelson Tebbe: Liberty and Equality of Conscience

- 3: Cécile Laborde: Secular Rules and Indirect Discrimination against Christians

- 4: Alan Patten: The Equality Principle of Religious Freedom

- 5: Micah Schwartzman and Richard Schragger: Slipping From Secularism

- Part II. Discrimination By and Against Religion

- 6: Kasper Lippert-Rasmussen: Second-Order Religious Discrimination: Who Can Complain?

- 7: Martjin van den Brink: Combatting Discrimination By and Against Religion: Contrasting Dynamics in European Union Law

- 8: Sune Lægaard: Banning "Hate Preachers": Discriminating Against Religion in Order to Limit Religious Discrimination

- 9: Stéphanie Hennette Vauchez: Laïcité as Discrimination?

- Part III. Collective Autonomy

- 10: Paul Billingham: Corporate Corporate Religious Liberty

- 11: Aurélia Bardon: Three Challenges for Collective Exemptions from Antidiscrimination Laws

- 12: Sabine Tsuruda: Religious Exemptions and Associational Freedom in Employment

- Part IV. Exemptions and Accommodation

- 13: Adam Omar Hosein: Adapting To and By Religion

- 14: John Adenitire: Conscientious Exemptions: Is Liberal Neutrality Possible?

- 15: Ronan McCrea: The Need to Mind Your Own Business: Why Liberals Should Reject a Broad Approach to Complicity Claims

- 16: Miklós Zala: Religion as Disability

Über Autor(innen)

Cécile Laborde is the Nuffield Professor of Political Theory at the University of Oxford and a Fellow of the British Academy. She has published extensively on republicanism, liberalism and religion, theories of law and the state, and citizenship and global justice. Her books include Liberalism's Religion (Harvard University Press, 2017), Critical Republicanism: The Hijab Controversy in Political Philosophy (Oxford University Press, 2008), Pluralist Thought and the State in Britain and France (Palgrave MacMillan, 2000), Religion in Liberal Political Philosophy (Oxford University Press, 2017; edited with Aurelia Bardon), and Religion Secularism and Constitutional Democracy (Columbia University Press, 2016; edited with Jean Cohen).

Micah Schwartzman is the Hardy Cross Dillard Professor of Law at the University of Virginia School of Law. His areas of interest include law and religion, political philosophy, and constitutional law. His scholarship has appeared in the Harvard Law Review, University of Chicago Law Review, Michigan Law Review, Supreme Court Review, Journal of Political Philosophy, Political Theory, and others. He co-edited The Rise of Corporate Religious Liberty (Oxford University Press, 2016). His popular writing has appeared in The New York Times, The Atlantic, and The Washington Post, among other media outlets.

Nelson Tebbe is the Jane M.G. Foster Professor of Law at Cornell Law School. He works on freedom of speech, freedom of religion, and constitutional law. Professor Tebbe is the author of Religious Freedom In An Egalitarian Age (Harvard University Press, 2017) as well as articles that have appeared in Columbia Law Review, Harvard Law Review, Michigan Law Review, University of Pennsylvania Law Review, Virginia Law Review, Supreme Court Review, Journal of Religion, and others. His writing for a general audience has appeared in various media outlets, including The New York Times, The Atlantic, and The Washington Post. In the spring of 2025, he was the Kluge Chair in American Law and Governance at the Library of Congress.