The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.
Table of Contents
Contents: Introduction; Part I Frameworks and Overviews: Theoretical Frameworks: Formal, substantive, and disaggregated neutrality toward religion, Douglas Laycock; ’Introduction’ and ’Freedom from compelled profession of belief, adverse targeting, and discrimination’, Kent Greenawalt; ’Blooming confusion: religious equality in the age of Madison’, and ’Unprincipled religious freedom’, Steven D. Smith; Religion, equality, and non-discrimination, Nazila Ghanea; Issues and Overviews: Islam and human rights, Abdullahi Ahmed An-Na’im; The constitutional framework for the protection of religious and related rights in South Africa, Lourens du Plessis; Religious liberty in the state of Israel, Natan Lerner; Discrimination between religions: some thoughts on reading Greenawalt’s Religion and the Constitution: Establishment and Fairness, John Finnis. Part II Discrimination Against Religion: Theoretical Frameworks: Free exercise revisionism and the Smith decision, Michael W. McConnell; Equal liberty, Christopher L. Eisgruber and Lawrence G. Sager; Headscarf Controversies: The Republic and the veil, John R. Bowen; Belief and/in the law, Mayanthi L. Fernando; Secular constitutionalism and Muslim women’s rights: the Turkish headscarf controversy and its impact on the European Court of Human Rights, Hilal Elver. Part III Discrimination by Religion: Employment, Family Law, and Customary Inheritance: The irony of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, Caroline Mala Corbin; Religious freedom and the nondiscrimination norm, Richard W. Garnett; Keeping faith: reconciling women’s human rights and religion, Madhavi Sunder; Inheritance and disinheritance: African customary law and constitutional rights, Nelson Tebbe. Part IV Discrimination in Favour of Religion: Theoretical Frameworks: The problem of singling out religion, Michael W. McConnell; Introduction, Philip B. Kurland; Ten Commandments, three plastic reindeer, and one nation...
Nelson Tebbe is Professor of Law at Brooklyn Law School, USA.