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Exemptions - Necessary, Justified, or Misguided? (Hardcover)
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Exemptions - Necessary, Justified, or Misguided? (Hardcover)
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Should laws apply equally to everyone, or should some individuals
and organizations be granted exemptions because of conflicting
religious or moral convictions? In recent years, this question has
become intensely controversial in America. The Supreme Court's
ruling on same-sex marriage, in particular, has provoked barbed
debates about legal exemptions. At the core of these debates lies
the question of whether basic values of equality and
nondiscrimination are at odds with the right to live according to
one's religious beliefs. In Exemptions: Necessary, Justified, or
Misguided? Kent Greenawalt draws on his extensive expertise to
place same-sex marriage and other controversies within a broader
context. Avoiding oversimplification and reflecting a balanced
consideration of competing claims and harms, he offers a useful
overview of various types of exemptions and the factors that we
should take into account when determining the justice of a
particular exemption. Through a close study of several cases, from
doctors who will not perform abortions to institutions that do not
pay taxes, Greenawalt demonstrates how to weigh competing values
without losing sight of practical considerations like the
difficulty of implementing a specific law. This thoughtful guide to
exemptions will prove an invaluable resource as America struggles
to come to terms with Obergefell v. Hodges, Burwell v. Hobby Lobby,
and similar controversies. Exemptions shows how to reach the most
just and desirable legal conclusions by respecting those who wish
to live according to different fundamental values.
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