Religious freedom and gay rights : emerging conflicts in the United States and Europe

361 Pages·2016·2.448 MB·English

by  Farr, Thomas Franklin, Friedman, Jack, Shah, Timothy Samuel

Religious Freedom and Gay Rights

Religious Freedom
and Gay Rights
Emerging Conflicts in the United States and Europe
EDITED BY TIMOTHY SAMUEL SHAH,
THOMAS F. FARR,
and
JACK FRIEDMAN
WITH AN INTRODUCTION BY MATTHEW J. FRANCK
and
AN AFTERWORD BY ROGER TRIGG
1
1
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ISBN 978–0–19–060060–0 (hbk.); 978– 0– 19– 060061– 7 (pbk.)
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CONTENTS
Acknowledgments vii
List of Contributors ix
The Religious Freedom Research Project xi
Introduction: Religious Freedom, Same- Sex Marriage, and
the Dignity of the Human Person 1
Matthew J. Franck
PART I THE UNITED KINGDOM
1. Equality and Religious Liberty: Oppressing Conscientious
Diversity in England 21
John Finnis
2. Gay Rights versus Religious Rights 41
Stephen Law
3. At the Door of the Temple: Religious Freedom and the
New Orthodoxy 58
Archbishop Philip Tartaglia
PART II THE UNITED STATES
4. Wrongful Discrimination? Religious Freedom, Pluralism,
and Equality 67
Richard W. Garnett
v
vi Contents
5. Civil Marriage for Same- Sex Couples, “Moral Disapproval,”
and Tensions between Religious Liberty and Equality 87
Linda C. McClain
6. The Politics of Accommodation: The American Experience
with Same- Sex Marriage and Religious Freedom 132
Robin Fretwell Wilson
7. Die and Let Live? The Asymmetry of Accommodation 181
Steven D. Smith
PART III CONTINENTAL EUROPE
8. Claims for Homosexual Equality and Religious Freedom
in Tension: Moral and Conceptual Frameworks 209
Rocco Buttiglione
9. Same- Sex Partnership and Religious Exemptions in
Italy: Constitutional Textualism versus European Consensus 225
Andrea Pin
10. A Scandinavian Perspective on Homosexuality, Equal Rights,
and Freedom of Religion 246
Maarit Jänterä-J areborg
Afterword 269
Roger Trigg
Notes 281
Index 339
ACKNOWLEDGMENTS
Virtually all of the contributions to this volume were originally presented at a
conference on “Religious Freedom and Equality: Emerging Conflicts in North
America and Europe,” which took place at Magdalen College, Oxford on
April 12, 2012. The conference was organized by what was then the Religious
Freedom Project, and is now the Religious Freedom Research Project, of the
Berkley Center for Religion, Peace & World Affairs of Georgetown University.
For their contributions to the success of the conference or to the subse-
quent organization and completion of this volume, we gratefully acknowl-
edge the following individuals: Kyle Vander Meulen, Roger Trigg, Julia Trigg,
Thomas Banchoff, Michael Kessler, Michael Gerson, Peter Petkoff, Christopher
McCrudden, Christopher Sugden, Karen Taliaferro, Matthew Quallen, Cynthia
Soliman, Cole Durham, Steven Smith, Matthew Franck, Claudia Winkler, and
Nicholas Fedyk. We also thank our editor at Oxford University Press, David
McBride, and Oxford’s two anonymous reviewers for their time and comments.
The John Templeton Foundation deserves a special note of thanks. Of course,
as is always the case, the opinions expressed in this publication are those of the
authors and do not necessarily reflect the views of the Templeton Foundation
or of any of our other supporters. Nonetheless, we wish to take this opportu-
nity to underscore that without the Templeton Foundation's generous funding
in 2011, there would have been no Magdalen College conference and no vol-
ume of outstanding essays. In fact, there would have been no Religious Freedom
Project at all. The decision to bet on the Religious Freedom Project with a major
start- up grant ultimately rested with Dr. Jack Templeton, President of the John
Templeton Foundation. It was thus a blow to us and to the visionary philanthropy
the Templeton Foundation uniquely embodies that he passed away on May 19,
2015 as this volume was being completed. We take this opportunity to record our
unpayable debt of gratitude to Dr. Jack Templeton. And we take this opportunity
to pray: Eternal rest grant unto him… . Long may his work continue.
vii

LIST OF CONTRIBUTORS
Rocco Buttiglione, Professor of Political Science at Saint Pius V University
(Rome)
John Finnis, Biolchini Family Professor of Law at Notre Dame University and
Professor of Law and Legal Philosophy at Oxford University
Matthew J. Franck, Director of the William E. and Carol G. Simon Center on
Religion and the Constitution at the Witherspoon Institute
Richard W. Garnett, Paul J. Schierl/Fort Howard Corporation Professor of
Law at the University of Notre Dame
Maarit Jänterä- Jareborg, Professor of Law at Uppsala University (Sweden)
Stephen Law, Senior Lecturer in Philosophy at Heythrop College, University
of London
Linda C. McClain, Professor of Law and Paul M. Siskind Research Scholar
at Boston University School of Law; Laurance S. Rockefeller Visiting Faculty
Fellow, University Center for Human Values at Princeton University, 2016–2017
Andrea Pin, Associate Professor of Comparative Public Law at the University
of Padova (Italy)
Steven D. Smith, Warren Distinguished Professor of Law at the University of
San Diego School of Law
Archbishop Philip Tartaglia, Archbishop of Glasgow
Roger Trigg, Senior Research Fellow at the Ian Ramsey Centre, University of
Oxford
Robin Fretwell Wilson, Roger and Stephany Joslin Professor of Law and
Director, Family Law and Policy Program, University of Illinois College of Law.
ix