Gay Rights vs. Religious Liberty?
The Unnecessary Conflict
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Product details:
- Publisher OUP USA
- Date of Publication 21 July 2020
- ISBN 9780197500989
- Binding Hardback
- No. of pages214 pages
- Size 142x211x15 mm
- Weight 376 g
- Language English 22
Categories
Short description:
Koppelman offers a solution to the bitterly polarizing gay rights/religious liberty conflict. This is the only book that lays out the interests that must be balanced in any decent compromise, in terms that both sides can recognize and appreciate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced.
MoreLong description:
Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society.
Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced.
Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
Professor Koppelman offers a compromise that can satisfy both sides.
Table of Contents:
Introduction
1. Liberals used to love religious freedom
2. But now they denounce it as a mere excuse for bigotry
3. Worsening the divisions that helped elect Trump
4. Discrimination law can tolerate exceptions
5. Free speech principles are barely relevant
6. "Religion always wins" rules are bad for religious liberty
7. A right to be weird is a good reason to give religion special treatment
8. The racism analogy is misleading
9. There are many ways to compromise
Acknowledgments
