
doi: 10.2139/ssrn.4078141
In the current era of fraught tension between religious freedom and equality, scholars from across the spectrum of perspectives have called for generosity, empathy, and compromise from both sides. Drawing from chapters in my book A Principled Framework for the Autonomy of Religious Communities: Reconciling Freedom and Discrimination (Hart Publishing, 2023), in this article I propose to give substantive content and criteria to such exhortations by adopting a theological perspective, which aims to create peaceful coexistence through cultivating and applying Christian virtues such as love, grace, forgiveness, humility, and patience. Together, these virtues recognize the inherent worth of all humans as created in the image of God. These virtues also recognize a willingness to permit genuine difference, even profound moral disagreement, loving neighbour as self by aiming to persuade to what is true and good, while also accepting freedom to reject and disagree with the most deeply held convictions—whatever they may be. In Part I of the article, I outline this theological framework before addressing a series of objections regarding the compatibility with and application of this framework to a liberal, pluralist democracy. In Part II, I turn to the First Amendment specifically, focusing on the Establishment Clause and the Free Exercise Clause as they apply to religious communities, including institutions and vendors. Using the theological virtues as a standard, I critique First Amendment jurisprudence to determine the extent to which it creates peaceful coexistence and offer some thoughts on how tensions may be reconciled.
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