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2 - Religion and the Family in the Wake of Hobby Lobby

from Part I - The Foundations and Boundaries of Religious Liberty

Published online by Cambridge University Press:  11 May 2018

Robin Fretwell Wilson
Affiliation:
University of Illinois
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Summary

What is the future of religious liberty in United States?  Although enshrined as a core freedom in the First Amendment, public perception of religious liberty is changing in the United States.  Indeed, what was once seen as an unquestionable constitutional value is increasingly viewed with skepticism.  Much of this change stems from the most recent rounds of the culture wars, where religious liberty has emerged at odds with both same-sex marriage and contraception.  And in those contexts, religious liberty is perceived as being increasingly used not as a tool to resist government oppression and intolerance, but as itself a tool of intolerance.  Not surprisingly, this new narrative has turned religious liberty into a target—a dynamic that has played out in numerous state legislatures that have recently considered new religious freedom laws.  In this chapter, I outline a framework for responding to this new narrative—a framework that both promotes religious liberty’s core commitment to protecting religious faith commitments, while still ensuring that it does not run roughshod over other key governmental interests.
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Publisher: Cambridge University Press
Print publication year: 2018

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