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Brettschneider on Religious Freedom

By Lawrence Solum

Corey L. Brettschneider (Brown University - Department of Political Science; Princeton University - Center for Human Values) has posted A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights (Political Theory, vol 38, p. 187, (April, 2010)) on SSRN. Here is the abstract:

Religious freedom is often thought to protect not only religious practices but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the basic rights of citizens.

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Full post as published by Legal Theory Blog on October 05, 2010 (boomark / email).