Nelson Tebbe – författare

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.

Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now.Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer.Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.

The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.

The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.