Protecting Diversity: Religion (Chapter 7)

Abstract

In this chapter, I discuss two problems. First, how does the law decide which religious practices are so deviant and offensive to American society's secular values that they cannot be tolerated? Here, I argue that the law can narrow this conflict between secular and sacred norms by somewhat greater deference to unconventional religious practices. Second, under what conditions can government exploit religious diversity to more effectively pursue secular public goals. Here, I consider two issues - faith-based social service providers, and school choice plans allowing families to use public funds for religious schools - and propose criteria for such programs that can maximize their diversity-value while protecting other social commitments.