Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

This paper presents a novel framework for evaluating racial profiling, including 'rational profiling' that does in fact decrease crime rates. It argues that while profiling some groups, such as African Americans and Muslims, is impermissible, profiling others, such as white men, may be permissible. The historical and sociological context matters significantly. Along the way, the paper develops a new theory of what expressive harms are, why they matter, and when it is the responsibility of the state to correct them.

"--Christopher L. Eisgruber, Princeton University "This is a provocative and bracing essay, one that is bound to stimulate much discussion.

Is it possible for a liberal society to have an established church? After outlining the conditions for liberal establishment, I take from David Hume a secular argument in its favour that points to the moderating effect of establishment on religious discourse and practice. I examine the claim that state support for religion violates liberal equality, and argue that, with respect to state-provided public goods generally, what matters is that the whole package should be of roughly equal benefit to each citizen; (...) it is not required that every citizen should value each distinct good. I claim that religious establishment can have valuable effects for both believers and non-believers, and thereby count as a public good. I then examine the charge that establishment always conveys a message of disparagement to those outside the favoured church, making them into second-class citizens, as both Martha Nussbaum and Cécile Laborde have claimed. Understood as a claim about the experience of minority groups, however, it is unsupported by empirical evidence. Understood as an interpretative claim about the meaning of establishment, it fails to distinguish between privileging an institution and privileging the people attached to it. Finally, I point out that religious minorities may favour an established church as a shield against the pervasive secularism of most modern liberal societies. (shrink)

Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and argue that in our religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom.

This article defends the principle of non-establishment against 21st-century projects of political religion, constitutional theocracy and political theology. It is divided into two parts, which will appear in two consecutive issues of Philosophy & Social Criticism, 39(4–5) and 39(6). Part 1 proceeds by constructing an ideal type of political secularism, and then discussing the innovative American model of constitutional dualism regarding religion that combined constitutional protection for the freedom of religious conscience and exercise with the principle of non-establishment. The article (...) analyses the strengths and limits of the ‘separation– accommodation’ frame that became hegemonic in 1st amendment jurisprudence from the 1940s to the 1990s. It challenges the standard caricature of the American model as strictly separationist and privatizing. It then critically assesses two contemporary alternatives to that frame: the integrationist approach and the equal liberty approach. The first, disguised as a concern for pluralism and fairness, challenges ‘separation’ and political secularism in a subtle attack on the non-establishment principle, aimed at drastically narrowing its scope. Successes of this approach in recent Supreme Court jurisprudence and politics have triggered a response by liberal egalitarians. The author addresses this response – the equal liberty model – in part 2, which will appear in Philosophy & Social Criticism 39(6), arguing that although on the right track, it fails to find a middle ground between political secularism and integration. (shrink)

A significant proportion of states grants constitutional recognition to a single religion, leaving various other religions within society constitutionally unrecognised. Many philosophers believe that this is problematic even when such recognition is (almost) wholly symbolic. The four most common and prima facie plausible objections to what I call ‘mono-recognition’ are that it alienates citizens who do not adhere to the constitutionally recognised religion; that it symbolically subordinates these individuals; that it reinforces oppressive social hierarchies; and that it violates principles of (...) justificatory neutrality. This article shows that none of these objections establish that mono-recognition is wrong within contemporary societies—or even merely pro tanto wrong. However, it goes on to propose a novel argument that does suggest that this type of religious establishment is pro tanto wrong within most societies, if not all. According to this argument, which I refer to as the ‘desire-based objection’, mono-recognition is pro tanto wrong when it fails to accommodate at least some citizens (a) who desire constitutional recognition of their unrecognised religion on morally reasonable, or simply not unreasonable, grounds or who would do so if they were to independently ponder the possibility of receiving such recognition without having to fear any social backlash that receiving it might cause and (b) whose religion is entitled to constitutional recognition based on the size of its population within society; the societal contributions of its members; and any injustices that its members have suffered at the hands of the state or the wider society. As I show, even when one particular religion has the strongest claim to constitutional recognition, this does not normally justify granting sole recognition to it given that the weaker claims of other religions could be accommodated under a system whereby state religions are rotated and recognised for different durations depending on the strength of their claims. (shrink)