Rethinking Religious Minorities' Political Power

66 Pages Posted: 17 Oct 2014 Last revised: 11 Jun 2015

See all articles by Hillel Y. Levin

Hillel Y. Levin

University of Georgia School of Law

Date Written: October 15, 2014

Abstract

This Article challenges the assumption that small religious groups enjoy little political power. According to the standard view, courts, because of their countermajoritarian qualities, are indispensable for protecting religious minority groups from oppression by the majority. But this assumption fails to account for the many and varied ways in which the majoritarian branches have chosen to protect and accommodate even unpopular religious minority groups, as well as the courts’ failures to do so.

The Article offers a public choice analysis to account for the surprising majoritarian reality of religious accommodationism. Further, it explores the important implications of this reality for deeply contested legal doctrines, as well as the insights it offers for recent and looming high profile cases pitting state law against religious liberty.

Keywords: law and religion, constitutional law, Hobby Lobby Stores, Inc. v. Sebelius, accommodationism, religion, minority groups, Free Exercise, Employment Division v. Smith, religious liberty, religious freedom, accommodation, Religious Freedom Restoration Act

JEL Classification: K19

Suggested Citation

Levin, Hillel Y., Rethinking Religious Minorities' Political Power (October 15, 2014). 48 UC Davis Law Review, 2015 Forthcoming; UGA Legal Studies Research Paper No. 2014-26. Available at SSRN: https://ssrn.com/abstract=2510467

Hillel Y. Levin (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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