Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-45l2p Total loading time: 0 Render date: 2024-04-26T13:14:56.490Z Has data issue: false hasContentIssue false

7 - Same-Sex Marriage and Justificatory Liberalism: Religious Liberty, Comprehensive Doctrines, and Public Life

from Part III - Nature and Sex

Published online by Cambridge University Press:  05 November 2015

Francis J. Beckwith
Affiliation:
Baylor University, Texas
Get access

Summary

Equal respect for persons requires equal conditions of liberty. But they do not require equal personal approval of all religious practices. Legality is not approval.

Martha Nussbaum (1947–)

A tolerant secular community must therefore find its justification for religious freedom in a more basic principle of liberty that generates a more generous conception of the spheres of value in which people must be left free to choose for themselves. It must treat freedom of religion, that is, as one case of a more general right not simply of religious but of ethical freedom.

Ronald M. Dworkin (1931–2013)

Now, I'm liberal, but to a degree

I want ev'rybody to be free

But if you think that I'll let Barry Goldwater

Move in next door and marry my daughter

You must think I'm crazy!

Bob Dylan (1941–)

Supporters of Justificatory Liberalism (JL) maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be unreasonable in rejecting. According to John Rawls, constitutional essentials include “basic rights and liberties,” such as “[l]iberty of conscience and freedom of association, and the political rights of freedom of speech, voting, and running for office [,which] are characterized in more or less the same manner in all free regimes.” Moreover, because citizens, including religious citizens, have an evidential set – sources of authority, background beliefs and reasons – not shared by their neighbors, they should restrain from employing those sources as the basis for the reasons why they enact laws that limit a constitutionally essential liberty of their fellow citizens who do not share those sources of authority. For this reason, Rawls writes that constitutional essentials are “the special subject of public reason.” As Gerald Gaus puts it: “Imposition on others requires justification; unjustified impositions are unjust … The basic idea is that freedom to live one's own life as one chooses is the benchmark or presumption; departures from that condition – where you demand that another live her life according to your judgments – require additional justification.

Type
Chapter
Information
Taking Rites Seriously
Law, Politics, and the Reasonableness of Faith
, pp. 172 - 209
Publisher: Cambridge University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×