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Religious Freedom, LGBT Rights, and the Prospects for Common Ground

William N. Eskridge, Jr, Robin Fretwell Wilson, Alan Brownstein, Douglas Laycock, Shannon Price Minter, Dennis P. Hollinger, Douglas NeJaime, Reva B. Siegel, Ronald J. Krotoszynski, Jr, Kent Greenawalt, Andrew Koppelman, Jeanine Gramick, Michael A. Helfand, Leith Anderson, William E. Lori, Elder Von G. Keetch, Intisar A. Rabb, Jason R. Moyer, Linda C. McClain, Steven D. Smith, Louise Melling, Michael J. Perry, Marc O. DeGirolami, K. Hollyn Hollman, Thomas C. Berg, Shirley V. Hoogstra, Shapri D. LoMaglio, Brad Cofford, B. Jessie Hill , Ryan T. Anderson, Michael W. McConnell, Jennifer C. Pizer, Sarah Warbelow, J. Stuart Adams, Michael O. Leavitt, David N. Saperstein
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  • Date Published: October 2018
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108692434

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About the Authors
  • The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

    • Includes prominent voices and stakeholders in the faith community, leading proponents of LGBT rights, and equality and religious liberty scholars
    • Provides a comprehensive, interdisciplinary examination of religious liberty-non-discrimination conflicts
    • Includes the voices of those who believe accommodation is possible as well as the skeptics who don't
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    Reviews & endorsements

    'Taken together, this outstanding collection of essays is an enlightening, civil and ultimately hopeful dialogue about one of the most urgent public policy questions of our time. Essential reading for every American who cares about religious freedom, equality and the prospects for finding common ground across our deepest differences.' Charles C. Haynes, Founding Director, Religious Freedom Center, Freedom Forum Institute

    'This superbly edited, richly diverse, and impressively comprehensive volume promises a 360-degree vantage on one of the most complex and polarizing issues of our day - and it delivers. Whether you already know what you think, or are coming fresh to the controversy, you will find these pages to be rich in wisdom and glowing with the spirit and ingenuity of American pluralism.' Jonathan Rauch, Brookings Institution, Washington, DC

    'This big, bold, and bracing book is pulsing with good will and earnest effort to reconcile competing claims of religious freedom and sexual liberty, especially for LGBTQ parties. Professors Wilson and Eskridge, Jr, have long been national leaders in this reconciliation effort, and deserve high praise for assembling such a vast collection of leading scholars. This will be the go-to book for the next generation.' John Witte, Jr, Director, Center for the Study of Law and Religion, Emory University, Atlanta

    'Professors Eskridge, Jr and Wilson have collected an enlightening and engaging collection of views and arguments that covers the full conversation about whether and how 'common ground' between religious freedom and LGBT rights is possible. In this volume, legal scholars, activists, theologians, historians, and public officials explore not only the history, justifications, and implications of religious liberty's foundational status, but also the contemporary challenges to it.' Richard W. Garnett, Paul J. Schierl / Fort Howard Corporation Professor of Law, Notre Dame Law School, Indiana

    'Religious Freedom, LGBT Rights, and the Prospects for Common Ground is an encouraging volume. Collectively, the chapters make an excellent case that it is possible to better protect LGBT rights without forcing citizens such as Barronelle Stutzman to choose between their professions and their religious convictions. One can only hope that it finds its way into the hands of state legislators throughout the country.' Mark David Hall, Herbert Hoover Distinguished Professor of Politics, George Fox University, Oregon

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    Product details

    • Date Published: October 2018
    • format: Adobe eBook Reader
    • isbn: 9781108692434
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. Prospects for common ground: introduction William N. Eskridge, Jr and Robin Fretwell Wilson
    Part I. The Search for Common Ground: Framing the Dialogue:
    2. Choosing among non-negotiated surrender, negotiated protection of liberty and equality, or learning and earning empathy Alan Brownstein
    3. Liberty and justice for all Douglas Laycock
    4. Belief and belonging: reconciling legal protections for religious liberty and LGBT youth Shannon Price Minter
    5. Religious freedom, civil rights, and sexuality: a Christian ethics perspective Dennis P. Hollinger
    Part II. Guiding Principles for Mediating Conflicts:
    6. Religious accommodation, and its limits, in a pluralist society Douglas NeJaime and Reva B. Siegel
    7. 'The Devil is in the details': on the central importance of distinguishing the truly public from the truly private in reconciling equality and religious liberty Ronald J. Krotoszynski, Jr
    8. Mutual tolerance and sensible exemptions Kent Greenawalt
    9. The joys of mutual contempt Andrew Koppelman
    10. From conflict to coexistence: the catholic response to the LGBT community Jeanine Gramick
    11. Implied-consent religious institutionalism: applications and limits Michael A. Helfand
    Part III. The Demands of Faith: Perspectives from Select Faith Traditions:
    12. Christian identity and religious liberty Leith Anderson
    13. The 'demands' of faith William E. Lori
    14. Toward collaboration: a perspective from the church of Jesus Christ of latter-day saints Elder Von G. Keetch
    15. Conscience claims in Islamic law: a case study Intisar A. Rabb
    16. Should an Amish baker sell a cake for a same-sex wedding? A letter on toleration of LGBT rights from anabaptists to evangelicals Jason R. Moyer
    Part IV. Testing the Civil Rights Analogy:
    17. The rhetoric of bigotry and conscience in battles over 'religious liberty v. LGBT rights' Linda C. McClain
    18. Against 'civil rights' simplism: how not to accommodate competing legal commitments Steven D. Smith
    19. Heterosexuals only: signs of the times? Louise Melling
    20. Conscience v. access and the morality of human rights, with particular reference to same-sex marriage Michael Perry
    21. On the uses of anti-Christian identity politics Marc DeGirolami
    Part V. Strings Attached? Government Support of Religion and Religious Institutions:
    22. Marriage equality, traditionalist churches, and tax exemptions William N. Eskridge, Jr
    23. Why money matters: LGBT rights and religious freedom K. Hollyn Hollman
    24. Freedom to serve: religious organizational freedom, LGBT rights, and the common good Thomas C. Berg
    Part VI. Educational Institutions in the Age of Same-Sex Marriage:
    25. Two paths: finding a way forward at covenantal universities Shirley V. Hoogstra, Shapri D. LoMaglio and Brad Cofford
    26. God and man and religious exemptions in the modern university B. Jessie Hill
    Part VII. The Challenges of Public Accommodations:
    27. Challenges to true fairness for all: how SOGI laws are unlike civil liberties and other nondiscrimination laws and how to craft better policy and get nondiscrimination laws right Ryan T. Anderson
    28. Dressmakers, bakers, and the equality of rights Michael W. McConnell
    29. It's not about the cake: against 'altaring' the public marketplace Jennifer C. Pizer
    30. Bathrooms and bakers: how sharing the public square is the key to a truce in the culture wars Robin Fretwell Wilson
    Part VIII. Reflections from Advocates, Legislators, and Policymakers:
    31. Sound nondiscrimination models and the need to protect LGBTQ people in federal law Sarah Warbelow
    32. Cultivating common ground: lessons from Utah for living with our differences J. Stuart Adams
    33. Shared spaces and brave gambles Michael O. Leavitt
    Part IX:
    34. Afterword David N. Saperstein
    35. Appendix of laws
    Index.

  • Editors

    William N. Eskridge Jr, Yale University, Connecticut
    William N. Eskridge, Jr, is the John A. Garver Professor of Jurisprudence at Yale Law School, Connecticut. A renowned scholar of statutory interpretation and legislation, in 1990–95, Professor Eskridge represented a gay couple suing for recognition of their same-sex marriage. He has published a field-establishing casebook, three monographs, and dozens of articles articulating a legal and political framework for proper state treatment of sexual and gender minorities. Historical materials in Gaylaw formed the basis for an amicus brief filed by Cato Institute and much of the US Supreme Court's (and the dissenting opinion's) analysis in Lawrence v. Texas (2003), invalidating consensual sodomy laws.

    Robin Fretwell Wilson, University of Illinois, Chicago
    Robin Fretwell Wilson is the Roger and Stephany Joslin Professor of Law at the University of Illinois College of Law, Chicago. Professor Wilson assisted the Utah legislature as it enacted landmark legislation balancing religious freedom and LGBT non-discrimination protections. She founded and directs the Fairness for All Initiative which provides tangible support to legislators seeking to enact laws protecting both communities. A member of the American Law Institute, she is the author, co-author, or editor of eleven books, including Same-Sex Marriage and Religious Liberty (2008) and The Contested Place of Religion in Family Law (Cambridge, 2018). In 2018, she received the Thomas L. Kane Religious Freedom Award.

    Contributors

    William N. Eskridge, Jr, Robin Fretwell Wilson, Alan Brownstein, Douglas Laycock, Shannon Price Minter, Dennis P. Hollinger, Douglas NeJaime, Reva B. Siegel, Ronald J. Krotoszynski, Jr, Kent Greenawalt, Andrew Koppelman, Jeanine Gramick, Michael A. Helfand, Leith Anderson, William E. Lori, Elder Von G. Keetch, Intisar A. Rabb, Jason R. Moyer, Linda C. McClain, Steven D. Smith, Louise Melling, Michael J. Perry, Marc O. DeGirolami, K. Hollyn Hollman, Thomas C. Berg, Shirley V. Hoogstra, Shapri D. LoMaglio, Brad Cofford, B. Jessie Hill , Ryan T. Anderson, Michael W. McConnell, Jennifer C. Pizer, Sarah Warbelow, J. Stuart Adams, Michael O. Leavitt, David N. Saperstein

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