Protecting Diversity: Religion (Chapter 7)

92 Pages Posted: 20 Jun 2005


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.

Suggested Citation

Schuck, Peter H., Protecting Diversity: Religion (Chapter 7). Available at SSRN:

Peter H. Schuck (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
PlumX Metrics