13 Pages Posted: 4 May 2017
Date Written: April 18, 2017
Daniel Webster observed that “Christianity, general, tolerant, Christianity, Christianity independent of sects and parties” was the foundation of our liberties and legal system. In the spirit of this tradition, I have explained in my scholarship that the law must zealously guard religious liberty for all, while the substance of law should be based on principles of truth knowable by and accessible to all and not on principles unique to one faith. In other words, a Christian-based jurisprudence does not inherently involve the imposition of uniquely Christian principles and, thus, is not theocratic. This Essay responds to direct challenges to religiously affiliated educational institutions and explains why a principled pluralism rooted in the enduring traditions upon which this nation was built must include accommodating the right of religiously affiliated institutions to act in accordance with their faith principles.
Keywords: Christianity, Religiously Affiliated Educational Institutions, Pluralism
JEL Classification: K10, K19, K30, K39
Suggested Citation: Suggested Citation
Hernandez, Michael V., In Defense of Pluralism: Religiously Affiliated Law Schools, Olympianism, and Christophobia (April 18, 2017). University of Toledo Law Review, Vol. 48, 2017. Available at SSRN: https://ssrn.com/abstract=2961935