A growing discover of scholars intend “religious liberty” is a bad idea. They oppose religious persecution, exactly intend that a specifically “religious” freedom arbitrarily privileges practices that come about to resemble Christianity too distorts perception of existent injuries. Both objections are sound, exactly religious freedom is all the same appropriately regarded every minute a right. Law is inevitably crude. The solid pose down cannot perhaps recognize each individual’s unique identity-constituting attachments. It can, at best, protect wide classes of ends that many people share. “Religion” is such a class.
I prepare this declaration inward a forthcoming article inward the International Journal of Constitutional Law, straightaway available on SSRN, here.
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