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Author:   William N. Eskridge Jr (Yale University, Connecticut) ,  Robin Fretwell Wilson (University of Illinois, Chicago)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.60cm , Height: 3.20cm , Length: 23.50cm
Weight:   0.930kg
ISBN:  

9781108470155

ISBN 10:   1108470157
Pages:   564
Publication Date:   22 November 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

1. Prospects for common ground: introduction William N. Eskridge, Jr and Robin Fretwell Wilson; Part I. The Search for Common Ground: Framing the Dialogue: 2. Choosing among non-negotiated surrender, negotiated protection of liberty and equality, or learning and earning empathy Alan Brownstein; 3. Liberty and justice for all Douglas Laycock; 4. Belief and belonging: reconciling legal protections for religious liberty and LGBT youth Shannon Price Minter; 5. Religious freedom, civil rights, and sexuality: a Christian ethics perspective Dennis P. Hollinger; Part II. Guiding Principles for Mediating Conflicts: 6. Religious accommodation, and its limits, in a pluralist society Douglas NeJaime and Reva B. Siegel; 7. 'The Devil is in the details': on the central importance of distinguishing the truly public from the truly private in reconciling equality and religious liberty Ronald J. Krotoszynski, Jr; 8. Mutual tolerance and sensible exemptions Kent Greenawalt; 9. The joys of mutual contempt Andrew Koppelman; 10. From conflict to coexistence: the catholic response to the LGBT community Jeanine Gramick; 11. Implied-consent religious institutionalism: applications and limits Michael A. Helfand; Part III. The Demands of Faith: Perspectives from Select Faith Traditions: 12. Christian identity and religious liberty Leith Anderson; 13. The 'demands' of faith William E. Lori; 14. Toward collaboration: a perspective from the church of Jesus Christ of latter-day saints Elder Von G. Keetch; 15. Conscience claims in Islamic law: a case study Intisar A. Rabb; 16. Should an Amish baker sell a cake for a same-sex wedding? A letter on toleration of LGBT rights from anabaptists to evangelicals Jason R. Moyer; Part IV. Testing the Civil Rights Analogy: 17. The rhetoric of bigotry and conscience in battles over 'religious liberty v. LGBT rights' Linda C. McClain; 18. Against 'civil rights' simplism: how not to accommodate competing legal commitments Steven D. Smith; 19. Heterosexuals only: signs of the times? Louise Melling; 20. Conscience v. access and the morality of human rights, with particular reference to same-sex marriage Michael Perry; 21. On the uses of anti-Christian identity politics Marc DeGirolami; Part V. Strings Attached? Government Support of Religion and Religious Institutions: 22. Marriage equality, traditionalist churches, and tax exemptions William N. Eskridge, Jr; 23. Why money matters: LGBT rights and religious freedom K. Hollyn Hollman; 24. Freedom to serve: religious organizational freedom, LGBT rights, and the common good Thomas C. Berg; Part VI. Educational Institutions in the Age of Same-Sex Marriage: 25. Two paths: finding a way forward at covenantal universities Shirley V. Hoogstra, Shapri D. LoMaglio and Brad Cofford; 26. God and man and religious exemptions in the modern university B. Jessie Hill; Part VII. The Challenges of Public Accommodations: 27. Challenges to true fairness for all: how SOGI laws are unlike civil liberties and other nondiscrimination laws and how to craft better policy and get nondiscrimination laws right Ryan T. Anderson; 28. Dressmakers, bakers, and the equality of rights Michael W. McConnell; 29. It's not about the cake: against 'altaring' the public marketplace Jennifer C. Pizer; 30. Bathrooms and bakers: how sharing the public square is the key to a truce in the culture wars Robin Fretwell Wilson; Part VIII. Reflections from Advocates, Legislators, and Policymakers: 31. Sound nondiscrimination models and the need to protect LGBTQ people in federal law Sarah Warbelow; 32. Cultivating common ground: lessons from Utah for living with our differences J. Stuart Adams; 33. Shared spaces and brave gambles Michael O. Leavitt; Part IX: 34. Afterword David N. Saperstein; 35. Appendix of laws; Index.

Reviews

Advance praise: 'Taken together, this outstanding collection of essays is an enlightening, civil and ultimately hopeful dialogue about one of the most urgent public policy questions of our time. Essential reading for every American who cares about religious freedom, equality and the prospects for finding common ground across our deepest differences.' Charles C. Haynes, Founding Director, Religious Freedom Center, Freedom Forum Institute Advance praise: 'This superbly edited, richly diverse, and impressively comprehensive volume promises a 360-degree vantage on one of the most complex and polarizing issues of our day - and it delivers. Whether you already know what you think, or are coming fresh to the controversy, you will find these pages to be rich in wisdom and glowing with the spirit and ingenuity of American pluralism.' Jonathan Rauch, Brookings Institution, Washington, DC Advance praise: 'This big, bold, and bracing book is pulsing with good will and earnest effort to reconcile competing claims of religious freedom and sexual liberty, especially for LGBTQ Parties. Professors Wilson and Eskridge, Jr, have long been national leaders in this reconciliation effort, and deserve high praise for assembling such a vast collection of leading scholars. This will be the go-to book for the next generation.' John Witte, Jr, Director, Center for the Study of Law and Religion, Emory University Advance praise: 'Professors Eskridge, Jr, and Wilson have collected an enlightening and engaging collection of views and arguments that covers the full conversation about whether and how 'common ground' between religious freedom and LGBT rights is possible. In this volume, legal scholars, activists, theologians, historians, and public officials explore not only the history, justifications, and implications of religious liberty's foundational status, but also the contemporary challenges to it.' Richard W. Garnett, Paul J. Schierl / Fort Howard Corporation Professor of Law, Notre Dame Law School

Author Information

William N. Eskridge, Jr, is the John A. Garver Professor of Jurisprudence at Yale Law School, Connecticut. A renowned scholar of statutory interpretation and legislation, in 1990–95, Professor Eskridge represented a gay couple suing for recognition of their same-sex marriage. He has published a field-establishing casebook, three monographs, and dozens of articles articulating a legal and political framework for proper state treatment of sexual and gender minorities. Historical materials in Gaylaw formed the basis for an amicus brief filed by Cato Institute and much of the US Supreme Court's (and the dissenting opinion's) analysis in Lawrence v. Texas (2003), invalidating consensual sodomy laws. Robin Fretwell Wilson is the Roger and Stephany Joslin Professor of Law at the University of Illinois College of Law, Chicago. Professor Wilson assisted the Utah legislature as it enacted landmark legislation balancing religious freedom and LGBT non-discrimination protections. She founded and directs the Fairness for All Initiative which provides tangible support to legislators seeking to enact laws protecting both communities. A member of the American Law Institute, she is the author, co-author, or editor of eleven books, including Same-Sex Marriage and Religious Liberty (2008) and The Contested Place of Religion in Family Law (Cambridge, 2018). In 2018, she received the Thomas L. Kane Religious Freedom Award.

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