Religious Freedom and Gay Rights

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Author(s):  
Andrew Koppelman

Proponents of special treatment for religion are increasingly drawn to the implausible claim that (what someone takes to be) divine commands should always supersede human ones. A better account would acknowledge that religion is only one among many profound human concerns. The recognition that there is an enormous variety of deep and valuable commitments undergirds the claims of both gay rights and religious freedom. These can only be protected one at a time, and that is a sufficient reason for singling out religion for special treatment.


Author(s):  
Andrew Koppelman

The idea of religious liberty was, for a long time, uncontroversial common ground between right and left. The idea of a private sphere that government must respect—an idea at the core of the gay rights movement—has its roots in dissenting Protestantism. It became the basis for the practice of religious exemptions from generally applicable laws. As recently as 1993, Congress almost unanimously enacted a federal statute codifying that practice. That law continues to produce results that liberals admire, protecting prisoners from arbitrary treatment and religious minorities, notably Muslims, from discrimination. If you want to protect the right to be different, this is a good place to start.


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