MACMILLAN Free Exercise of Religion in the Liberal Polity: Conflicting Interpretations (Palgrave Studies in Religion, Politics, and Policy)

This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage. Review “In Free Exercise of Religion in the Liberal Polity, Emily Gill takes on some of the most contentious debates in contemporary church-state jurisprudence. Displaying the careful argumentation that characterizes all of her work, Gill explores the myriad issues raised by religious diversity and deep pluralism in twenty-first century societies. This book should command the attention of all who seek to balance individuals’ aspirations to live lives of conscientious integrity with the sorts of general laws necessary for the operation of a complex and diverse society. Regardless of their views on the issues under consideration in this book, readers will benefit from Gill’s lucid explication and nuanced analysis.” (Andrew R. Murphy, Professor of Political Science, Virginia Commonwealth University, USA) “Free Exercise of Religion in the Liberal Polity: Conflicting Interpretations argues that our thinking about contemporary controversial issues such as same-sex marriage and the granting of exemptions from neutral laws of general applicability to religious believers would be greatly improved by paying closer attention to the principle of neutrality, disaggregating formal and substantive neutrality, and arguing for the former. Gill fears that the present state of the discussion risks establishing a privileged position for religious individuals and organizations to the detriment of the civic standing of others. Readers seeking distinctions between acceptable and problematic manifestations of conscientious belief will benefit greatly from this work, Gill’s command of the relevant literature, and her deep understanding of the conflict among different meanings of the free exercise of religion.” (Gordon A. Babst, Associate Professor of Political Science, Chapman University, USA and author of Liberal Constitutionalism, Marriage, and Sexual Orientation (2002)) “Exploring such real-life controversies as the reach of anti-discrimination laws, public funding of religious organizations, and the ramifications of shifting definitions of marriage and family, Emily Gill meticulously discusses the balance between our civic commitment to equality on the one hand, and claims of religious freedom to discriminate on the other. She makes a powerful case for attempting to reconcile these competing values by understanding more fully what equality really means and the nature of the government’s obligations to all citizens. After reading this book, you will have an enhanced appreciation for the difficulty of the questions Professor Gill asks and deep respect for her careful argument for how to answer them.” (Samuel A. Marcosson, Professor, Louis D. Brandeis School of Law, University of Louisville, USA) From