E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Most contemporary liberal political philosophers in this country are kindly
disposed toward the idea of religious liberty. But ever since the Reagan era
they have been anxious about the rise of the Religious Right, and
correspondingly eager to contain the influence of religion over politics. Drawn
to the notion that the state ought to be neutral with respect to any
controversial conception of what constitutes a good life, they have spawned a
number of theories that aim to recast what is politically salient about
religion in neutral, nonreligious terms, such as “conscience” or “individual
autonomy.” Unhappily, this move toward abstraction discards
everything that is specifically valuable about religion, even as it threatens
to deprive us of the legal and political tools we need to deal with the
problems that religious diversity generates.
For many years, the Canadian philosopher Charles Taylor has been a leading
voice for a more historically and ethically grounded approach to the
complexities of religious practice in secular society. In his most recent
writings, however, Taylor has started to sound a lot like the advocates of
neutrality. In an essay titled “Why We Need a Radical Redefinition of
Secularism,” he argues that “all spiritual families must be heard” in the
process of social self-determination. And in Secularism
and Freedom of Conscience, a 2011 book co-authored with Jocelyn
Maclure, he writes that the democratic state must “be neutral in relation to
the different worldviews and conceptions of the good—secular, spiritual, and
religious—with which citizens identify.” Anything else, he insists, would make
some into “second-class citizens.”
These claims can be read two ways. One of these takes them
as a call for a negotiated common ground, working from whatever commitments
citizens happen to have—religious or otherwise—toward an outcome that will
honor all those diverse commitments while adjudicating the inevitable conflicts
among them. In present U.S. law, for instance, accommodation is given to ritual
peyote use in Native American religious ceremonies but not to recreational use
of hallucinogens, and nobody gets permission to use heroin. The other view is
that Taylor has joinedcause with
those theorists who claim that the state ought to be neutral with respect to
any conception of the good. Which view of Taylor’s thinking is more accurate?