When Religious Exemptions Cause Third-Party Harms: Is The Establishment Clause Violated?

Esbeck, Carl H.

doi:10.1093/jcs/csw003

J. of Church and State

2016

DOI: 10.1093/jcs/csw003

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When Religious Exemptions Cause Third-Party Harms: Is The Establishment Clause Violated?

Carl H. Esbeck¹

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2019

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“…Vice President Mike Pence’s most noteworthy (or notorious) act prior to hitching his wagon to Donald Trump was an effort to pass religious freedom legislation in Indiana that ignited a firestorm among many who saw it as an effort to legalize discrimination. The academy has taken note of the rise of religious accommodation as a salient political issue, with a flood of articles and books over the past few years taking on the matter (e.g., Esbeck 2017; Patten 2017a, 2017b; Sepinwall 2015; Tebbe 2017; Vallier 2016a; Vallier and Weber 2018).…”

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Religious Sincerity and the Reasons for Religious Freedom

Golemboski

2019

Political Research Quarterly

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Embedded in U.S. legal frameworks governing the free exercise of religion is a criterion that has received surprisingly little theoretical attention: sincerity. Only those professions of belief that are sincere warrant legal accommodation. Nearly all of the existing literature on sincerity focuses on judicial “tests,” or evidentiary frameworks, for judging sincerity. This paper, in contrast, interrogates the notion of sincerity itself, developing a conception of what properly constitutes a sincere profession of belief. That conception includes three elements: genuineness, nonopportunism, and intelligibility. I then consider a fourth potential component of sincerity, vigilance, which concerns a believer’s consistency in living in accordance with their belief. A number of authors have recently proposed judicial tests requiring some sufficient degree of vigilance, but I argue that a vigilance criterion is incompatible with the fundamental values and objectives that underwrite the commitment to religious liberty in liberal political orders.

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Religious Sincerity and the Reasons for Religious Freedom

Golemboski

2019

Political Research Quarterly

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When Religious Exemptions Cause Third-Party Harms: Is The Establishment Clause Violated?

Cited by 1 publication

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Religious Sincerity and the Reasons for Religious Freedom

Religious Sincerity and the Reasons for Religious Freedom

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