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Legal Commentary

: Prawfs

"Positive Secularism"

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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The folks at Public Discourse were kind enough to publish an edited version of the remarks I gave at a recent conference, in Rome, on the "American Model of Religious Freedom."  (Mary Ann Glendon convened the conference, as the U.S. Ambassador to the Holy See, to commemorate the 60th anniversary of the Universal Declaration on Human Rights and the 25th anniversary of the establishment of formal diplomatic relations between the two entities.)  Here is the set-up:

Pope Benedict XVI has, in recent months, expressed his admiration for the ?American model? of religious liberty and church-state liberty. For example, during his trip last spring to the United States, the Pope noted, and seemed to praise, America?s ?positive concept of secularism,? in which government respects both the role of religious arguments and commitments in the public square and the important distinction between religious and political authorities.



Is there, in fact, such a model, and such a concept, at work in America? What are its features? And, is it worthy of the Pope?s apparent endorsement?

Comments welcome!

Full post as published by Prawfs on February 03, 2009 (boomark / email).

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