As part of a joint project between The Immanent Frame and Religion Dispatches, RD contributing editor Austin Dacey has written a series of posts on religious freedom in the United States. His latest piece tackles Winnifred Fallers Sullivan’s “The impossibility of religious freedom” and potential alternate regimes for legislating religious freedom in the United States:
For those opposed to the regime of religious freedom, the question is what could replace it. Is there a system that would be morally preferable yet also administratively implementable? Although her recent article doesn’t address it, Sullivan’s 2005 book of the same name closes by gesturing towards an alternative.
Under this legal regime, religious individuals and communities would “have to make arguments for the special legal accommodation of difference to legislative bodies.” Those making a case for “differential treatment would be required to make a very strong showing, as in race cases, of past discrimination or present need, to justify special legal treatment.” While these remarks are promising and suggestive, they do not constitute a workable theory. Attempts to construct such a theory—and attempts to show that there could be no such theory—presently preoccupy much legal scholarship. Insofar as there is no feasible alternative to a regime of “religious freedom,” Koppelman’s larger challenge remains in force: Religious freedom may be impossible, but compared to what?
This collaboration with Religion Dispatches is made possible by funding from the Henry Luce Foundation.