Freedom 'for' Religion: (Yet) Another View of the Cathedral

"Freedom 'for' Religion: (Yet) Another View of the Cathedral," in Brett G. Scharffs, Asher Maoz, and Ashley Isaacson Woolley, eds., Religious Freedom and the Law: Emerging Contexts for Freedom for and Freedom From Religion (Routledge 2019 Forthcoming)

18 Pages Posted: 7 Jun 2018

Date Written: May 22, 2018

Abstract

This chapter is a reflection on the meaning and implications of "freedom for religion." It is suggested that to consider "freedom for religion" as one dimension of the right to religious freedom is to ask, "what are the necessary or helpful conditions that contribute to making religious freedom a healthy reality? What is needed 'for' religious freedom to work, even to thrive?" The chapter argues that a healthily "secular" political community may and should take account of citizens' religious lives and help to create conditions favorable to the fostering of religious life. Although the state should remain "neutral" with respect to (most) religious questions—primarily because the resolution of such questions, assuming for now that they can be identified, is outside the jurisdiction of civil authorities—it may and should affirm enthusiastically that religious freedom is a good thing and that it should be not only protected, but also nurtured, by law and policy.

Keywords: Religious Freedom, Religious Liberty, Constitutional Law, Vatican II, First Amendment, Free Exercise, Establishment Clause

JEL Classification: K10, K19, K38

Suggested Citation

Garnett, Richard W., Freedom 'for' Religion: (Yet) Another View of the Cathedral (May 22, 2018). "Freedom 'for' Religion: (Yet) Another View of the Cathedral," in Brett G. Scharffs, Asher Maoz, and Ashley Isaacson Woolley, eds., Religious Freedom and the Law: Emerging Contexts for Freedom for and Freedom From Religion (Routledge 2019 Forthcoming). Available at SSRN: https://ssrn.com/abstract=3183334

Richard W. Garnett (Contact Author)

Notre Dame Law School ( email )

Room 327
P.O. Box 780
Notre Dame, IN 46556-0780
United States
574-631-6981 (Phone)
574-631-4197 (Fax)

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