Religious Freedom, LGBT Rights, and the Prospects for Common Ground

LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.

William N. Eskridge Jr (Edited by), Robin Fretwell Wilson (Edited by)

9781108470155, Cambridge University Press

Hardback, published 22 November 2018

564 pages
23.5 x 15.6 x 3.2 cm, 0.93 kg

'This volume is the most comprehensive and thorough discussion of the contentious legal and political questions surrounding religious liberty and LGBT rights on offer.' Matthew Lee Anderson, Journal of Church and State

The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

1. Prospects for common ground: introduction William N. Eskridge, Jr and Robin Fretwell Wilson
Part I. The Search for Common Ground: Framing the Dialogue: 2. Choosing among non-negotiated surrender, negotiated protection of liberty and equality, or learning and earning empathy Alan Brownstein
3. Liberty and justice for all Douglas Laycock
4. Belief and belonging: reconciling legal protections for religious liberty and LGBT youth Shannon Price Minter
5. Religious freedom, civil rights, and sexuality: a Christian ethics perspective Dennis P. Hollinger
Part II. Guiding Principles for Mediating Conflicts: 6. Religious accommodation, and its limits, in a pluralist society Douglas NeJaime and Reva B. Siegel
7. 'The Devil is in the details': on the central importance of distinguishing the truly public from the truly private in reconciling equality and religious liberty Ronald J. Krotoszynski, Jr
8. Mutual tolerance and sensible exemptions Kent Greenawalt
9. The joys of mutual contempt Andrew Koppelman
10. From conflict to coexistence: the catholic response to the LGBT community Jeanine Gramick
11. Implied-consent religious institutionalism: applications and limits Michael A. Helfand
Part III. The Demands of Faith: Perspectives from Select Faith Traditions: 12. Christian identity and religious liberty Leith Anderson
13. The 'demands' of faith William E. Lori
14. Toward collaboration: a perspective from the church of Jesus Christ of latter-day saints Elder Von G. Keetch
15. Conscience claims in Islamic law: a case study Intisar A. Rabb
16. Should an Amish baker sell a cake for a same-sex wedding? A letter on toleration of LGBT rights from anabaptists to evangelicals Jason R. Moyer
Part IV. Testing the Civil Rights Analogy: 17. The rhetoric of bigotry and conscience in battles over 'religious liberty v. LGBT rights' Linda C. McClain
18. Against 'civil rights' simplism: how not to accommodate competing legal commitments Steven D. Smith
19. Heterosexuals only: signs of the times? Louise Melling
20. Conscience v. access and the morality of human rights, with particular reference to same-sex marriage Michael Perry
21. On the uses of anti-Christian identity politics Marc DeGirolami
Part V. Strings Attached? Government Support of Religion and Religious Institutions: 22. Marriage equality, traditionalist churches, and tax exemptions William N. Eskridge, Jr
23. Why money matters: LGBT rights and religious freedom K. Hollyn Hollman
24. Freedom to serve: religious organizational freedom, LGBT rights, and the common good Thomas C. Berg
Part VI. Educational Institutions in the Age of Same-Sex Marriage: 25. Two paths: finding a way forward at covenantal universities Shirley V. Hoogstra, Shapri D. LoMaglio and Brad Cofford
26. God and man and religious exemptions in the modern university B. Jessie Hill
Part VII. The Challenges of Public Accommodations: 27. Challenges to true fairness for all: how SOGI laws are unlike civil liberties and other nondiscrimination laws and how to craft better policy and get nondiscrimination laws right Ryan T. Anderson
28. Dressmakers, bakers, and the equality of rights Michael W. McConnell
29. It's not about the cake: against 'altaring' the public marketplace Jennifer C. Pizer
30. Bathrooms and bakers: how sharing the public square is the key to a truce in the culture wars Robin Fretwell Wilson
Part VIII. Reflections from Advocates, Legislators, and Policymakers: 31. Sound nondiscrimination models and the need to protect LGBTQ people in federal law Sarah Warbelow
32. Cultivating common ground: lessons from Utah for living with our differences J. Stuart Adams
33. Shared spaces and brave gambles Michael O. Leavitt
Part IX: 34. Afterword David N. Saperstein
35. Appendix of laws
Index.

Subject Areas: Gender & the law [LAQG], Religious freedom / freedom of worship [JPVH4], Human rights [JPVH], Political control & freedoms [JPV], Social research & statistics [JHBC], Religious groups: social & cultural aspects [JFSR], Gay & Lesbian studies [JFSK], Popular beliefs & controversial knowledge [JFH]