Judicial Evaluation of Religious Belief and the Accessibility Requirement in Public Reason

Golemboski, David

doi:10.1007/s10982-016-9265-1

Cited by 2 publications

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“…157 But even though the employment decisions of religious organisations are often closely linked to their theological standards, an argument based on their competence interests is not sufficient to deny the authority of secular courts altogether. 158 Even though secular courts do not have competence to arbitrate in theological disputes, they do have competence to investigate whether theological reasons are used only as a pretext for wrongful discrimination. 159 For whether a belief organisation believed that a certain occupational feature was ethically required in a particular case is a question of sincerity, not a question of validity of the ethos in question.…”

Section: Tensions Between Religious Freedom and Religious Antidiscrimmentioning

confidence: 99%

Religious Freedom and Religious Antidiscrimination

Trispiotis

2019

Modern Law Review

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This article develops a theoretical framework that prompts a new understanding of the role of religious freedom and religious antidiscrimination in human rights law. Proceeding from the prevailing theoretical and doctrinal uncertainty over the relationship between the two rights, which are currently seen as either synonymous or as distinct and in competition, the article develops an account of the moral right to ethical independence and argues that religious freedom and religious antidiscrimination share their main normative basis on that moral right. However, religious freedom and religious antidiscrimination have different emphasis, and both are essential to secure fair background circumstances for the pursuit of different individual plans of life. The proposed framework illuminates the relationship of individual and collective aspects of religious freedom with discrimination law. The analysis has crucial implications for human rights interpretation in cases involving state interference with liberty, in relation to religion or belief, and more broadly.

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Section: Tensions Between Religious Freedom and Religious Antidiscrimmentioning

confidence: 99%

Religious Freedom and Religious Antidiscrimination

Trispiotis

2019

Modern Law Review

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The Expressive Dimension of Free Exercise

Golemboski

2024

J. law relig.

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Expressivist theories of law focus not only on what legal arrangements do but also what they communicate. The expressivist view has gained special currency in the context of religious establishment. Even when governmental involvement with religion is not coercive or does not materially violate anyone’s rights, it may nevertheless be undesirable by virtue of expressing a preference for a certain religion or a privileged status for certain religious groups over others. The existing literature, however, lacks an equivalent expressivist analysis of the related but distinct domain of free exercise of religion. What is expressed when a religious individual or group is granted special relief from the legal requirements that would otherwise apply to them? I argue that just like religious establishments, religious exemptions not only implicate rights and material interests but also have important expressive dimensions that both help account for their value and impose limits on their desirability.

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Judicial Evaluation of Religious Belief and the Accessibility Requirement in Public Reason

Cited by 2 publications

References 0 publications

Religious Freedom and Religious Antidiscrimination

Religious Freedom and Religious Antidiscrimination

The Expressive Dimension of Free Exercise

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