An Unjust Dogma: Why a Special Right to Religion Wrongly Discriminates Against Non-Religious Worldviews

40 Pages Posted: 4 Jun 2018  

Kenneth Einar Himma

University of Washington - School of Law

Date Written: 2017

Abstract

In this Article, I argue that a special right to religious freedom is not morally warranted, and that hence such a right illicitly discriminates against non-religious worldviews. The principal argument here is that there is no adequate reason to think that religious worldviews implicate any interests distinct from those implicated by non-religious worldviews. While it is certainly true that religious worldviews warrant, as a matter of political morality, all the protections that non-religious worldviews receive, there is good reason to question what seems to have become a dogma among Western nations—namely, that religious worldviews deserve special protection.

Keywords: Religious Freedom, First Amendment

Suggested Citation

Himma, Kenneth Einar, An Unjust Dogma: Why a Special Right to Religion Wrongly Discriminates Against Non-Religious Worldviews (2017). San Diego Law Review, Vol. 54, No. 1, 2017. Available at SSRN: https://ssrn.com/abstract=3184563

Kenneth Einar Himma (Contact Author)

University of Washington - School of Law ( email )

William Gates Hall
Seattle, WA 98195-3020
United States

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