In this work, Professors Rosenfeld and Mancini have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms.
Michel Rosenfeld is University Professor of Law and Comparative Democracy and Justice Sydney L. Robins Professor of Human Rights at the Benjamin N. Cardozo School of Law, Yeshiva University, New York. Susanna Mancini is the Chair of Comparative Constitutional Law at the University of Bologna School of Law.
Introduction: the new generation of conscience objections in legal, political and cultural context Susanna Mancini and Michel Rosenfeld; Part I. Conscientious Objection in a Constitutional Democracy: Theoretical Perspectives: 1. Conscience and its claims: a philosophical history of conscientious objection Julie Saada and Mark Antaki; 2. The conscience wars in historical and philosophical perspective: the clash between religious absolutes and democratic pluralism Michel Rosenfeld; 3. Conscientious objections Bernard Schlink; 4. Egalitarian justice and religious exemptions Cecile Laborde; 5. Is there a right to conscientious objection? Lorenzo Zucca; 6. Affect and the theo-political economy of the right to freedom of 'thought, conscience and religion' Marinos Diamantides; Part II. Conscientious Objection or Culture Wars? The Changing Discourse of Religious Liberty Claims: 7. Conscience wars in transnational perspective: religious liberty, third-party harm, and pluralism Reva Siegel and Douglas NeJaime; 8. Transatlantic conversations: the emergence of society-protective anti-abortion arguments in the United States, Europe and Russia Susanna Mancini and Kristina Stoeckl; 9. The geopolitics of transnational law and religion: wars of conscience and the framing effects of law as a social institution Pasquale Annicchino; Part III. Objecting to Anti-Discrimination Laws in the Name of Mainstream Religious Convictions: Striking a Balance between Freedom and Equality: 10. Objections to antidiscrimination in the name of conscience or religion: a conflicting rights approach Eva Brems; 11. The role of the European Court of Human Rights in adjudicating religious exception claims Helen Keller and Corina Heri; 12. When do religious accommodations burden others? Nelson Tebbe, Micah Schwartzman and Richard Schragger; Part IV. Conscience, Accommodation and its Harms: Children, Women and Sexual Minorities: 13. The missing children in elite legal scholarship Marci A. Hamilton; 14. Religious refusals and reproductive rights: claims of conscience as discrimination and shaming Louise Melling; 15. Seeking to square the circle: a sustainable conscientious objection in reproductive healthcare Emmanuelle Bribosia and Isabelle Rorive; 16. Marriage registrars, same sex relationships, and religious discrimination in the European Court of Human Rights Christopher McCrudden; Part V. Concluding Perspectives on the Conscience Wars: 17. Mission still impossible Stanley Fish; 18. The politics of religion: democracy and the conscience wars Robert Post.