Should religion be singled out in the law? This Article evaluates two influential theories of freedom of religion in political theory, before introducing an alternative one. The first approach, the Substitution approach, argues that freedom of religion can be adequately expressed by a substitute category: typically, freedom of conscience. The second, the Proxy approach, argues that the notion of religion should be upheld in the law, albeit as a proxy for a range of different goods. After showing that neither approach (...) adequately meets crucial desiderata for an inclusive theory of religious freedom, the Article sets out the Disaggregation approach and defends against the alternatives. (shrink)

According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend that claims of conscience cannot justify demands for exemptions, since they do not meet even the most inclusive standards of public justification. Arguments of the form ‘My conscience says so’ do not explicate the rationale behind the practices that the claimants seek to protect. Therefore, such arguments do not constitute even pro tanto (...) reasons for exemptions. Rather, they are what Francis Bacon called idola fori – ‘idols of the marketplace’– conventional justifications that are deemed rational and even self- evident, while in fact they are not. (shrink)

ABSTRACT Because Pastafarianism – or the Church of the Flying Spaghetti Monster – is a parodic religion, common sense suggests its ‘adherents’ should not receive exemptions. However, the prima facie case for excluding Pastafarians is complicated by the fact that many assert their religion is as legitimate as any other religion and that their beliefs are genuine. Indeed, Pastafarians have already obtained exemptions in various countries. Taking the dominant liberal egalitarian, integrity‐based approach to exemptions, this article investigates whether there is (...) a principled, objective basis for excluding Pastafarians that accounts for their assertions. To that end, I examine four tests: a religion, seriousness, obligation, and sincerity test. I assess whether each test can actually exclude Pastafarians, and if it could, can it do so in a way that is consistent with liberal egalitarian commitments. I argue that only a sincerity test – based on consistent behaviour and a willingness to bear the costs of one's beliefs – satisfies both of these conditions, but, on a weak and contingent basis. (shrink)

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...) all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

According to Cécile Laborde, persons with religious commitments that are incidentally burdened by generally applicable laws should, under certain circumstances, be provided with an exemption from those laws. Labore’s justification for this view is that religious commitments are a type of commitment with which a person must comply if she is to maintain her integrity. I argue that Laborde´s account is insufficiently demanding in terms of the other-regarding attitudes it expects people to have before they can make claims to exemptions (...) based on their integrity. The reason for this is that Laborde’s account rests on what I call a ‘non-moralised’ view of integrity. I raise some criticisms of this view and defend an alternative, ‘moralised’ view of integrity, according to which a religious person’s integrity depends on whether the practice she wishes to perform complies with certain moral constraints. (shrink)