Suchergebnisse

The justification grounds for a special right to religious freedom have been scrutinized in the public and the scholarly debates across liberal democracies. In the public debate, the legal admissibility of some religious manifestations has been challenged for reasons that suggest religious manifestations have been favored in law qua religious. In the scholarly debate, the focus has been on the "specialness" of religion and the justification grounds for singling out religion qua religion for a favored treatment in law. However, recent developments show that religion has also been singled out qua religion for a disfavored treatment. This project pays attention to both angles of the debate on law and religion. To this end, it combines the outcomes of six separate articles, each touching upon a different aspect of this debate. As such, it elaborates in the first four articles on the question whether religion qua religion deserves special legal solicitude. Subsequently, it explores in the last two articles on singling out religion qua religion for a disfavored treatment in law.

Despite the international recognition of religious freedom as a fundamental human right, recent developments in the United States and Europe reveal that the Islamic faith has been singled out qua Islam for special prohibitions. The question is whether this sectarian approach is compatible with the normative liberal approach to religious freedom that emphasizes egalitarianism and neutrality. The answer to this question is, no. Although religion within the paradigm of liberal political philosophy does not warrant special legal protection qua religion, this article contends that it is equally troublesome to single out religion qua religion for special disfavored treatment, even if the justification is facially neutral. This article uses facially neutral examples, such as: the French burqa-ban case, the Travel Ban project of President Trump, and the anti-Sharia debacle in the state of Oklahoma. This article draws on the dichotomous approach of liberal political philosophy to religion and develops a non-sectarian framework of arguments to defend religious liberty.