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The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored. In her new book, An "Argument for Same-Sex Marriage", political scientist Emily Gill draws an extended comparison between religious belief and sexuality, both central components of one's personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality. An "Argument for Same-Sex Marriage" is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.
The diverse expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Prop 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. Several chapters also contest the perceived if not actual establishment in the law and public policy of heterosexist and religious bias that continues to work against full and meaningful inclusion of sexual minorities. This bias is ironically and improperly couched in the language of American political and religious values, and it misunderstands the nation's core principles, or willfully miscasts them as inapplicable to many Americans and their families. Nonetheless, this bias is pervasive in the nation's political discourse, working to deny an important right and the recognition of equality to many citizens. The main contribution ofMoral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse such as governmental neutrality, the right to marry, and religious freedom are presented and cast in the light of liberal-democratic theory."
The diverse expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Prop 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. Several chapters also contest the perceived if not actual establishment in the law and public policy of heterosexist and religious bias that continues to work against full and meaningful inclusion of sexual minorities. This bias is ironically and improperly couched in the language of American political and religious values, and it misunderstands the nation's core principles, or willfully miscasts them as inapplicable to many Americans and their families. Nonetheless, this bias is pervasive in the nation's political discourse, working to deny an important right and the recognition of equality to many citizens. The main contribution ofMoral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse_such as governmental neutrality, the right to marry, and religious freedom_are presented and cast in the light of liberal-democratic theory.
This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.
This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.
As ethnic, racial, religious, and gender-based groups demand rights to pursue radically diverse lifestyles or maintain their cultural traditions, conflict seems inevitable, even in a free society. Government may offer remedies to social dilemmas -- such as affirmative action, curbs on immigration, or protection of gay rights -- but these may only fan the flames of resentment. Yet any society that tolerates and protects diversity is more likely to preserve the freedom to live one's life without interference. Emily Gill reexamines the liberal tradition to reconcile its core commitments to autonomy and diversity -- values that in theory are complementary but in practice are often at odds -- and to show that the interaction of these values determines how we as individuals become free. In Becoming Free, she argues that true freedom is enhanced through the promotion of diversity and the encouragement of rational reflection on the options it allows -- and that limited choice or ignorance diminishes such freedom. Yet an incomplete freedom is what many individuals, groups, and states advocate when they commit to particular cultural traditions or religious beliefs, despite the autonomy they themselves enjoy. Gill traces the implications of these conflicting views by drawing on recent scholarship and legal decisions in six areas: national citizenship, cultural membership, ethnicity and gender, religious belief, sexuality, and civic education. By exploring the tensions between autonomy and diversity in such instances as Boy Scouts membership restrictions, gay rights legislation, and education among the Amish, she not only offers an insightful commentary on current issues but also explores themoral foundations of liberal thought. Unlike those who criticize liberalism for its shallow philosophical grounding, Gill shows it to have a substantive moral content grounded in the individual's capacity to make rational decisions based on critical reflection. In her tightly woven arguments, she explores real-world problems in a meaningful way for students and for anyone concerned with the future of liberalism, showing that becoming free is an ongoing process of human and social development.
As ethnic, racial, religious, and gender-based groups demand rights to pursue radically diverse lifestyles or maintain their cultural traditions, conflict seems inevitable, even in a free society. Government may offer remedies to social dilemmas -- such as affirmative action, curbs on immigration, or protection of gay rights -- but these may only fan the flames of resentment. Yet any society that tolerates and protects diversity is more likely to preserve the freedom to live one's life without interference. Emily Gill reexamines the liberal tradition to reconcile its core commitments to autonomy and diversity -- values that in theory are complementary but in practice are often at odds -- and to show that the interaction of these values determines how we as individuals become free. In Becoming Free, she argues that true freedom is enhanced through the promotion of diversity and the encouragement of rational reflection on the options it allows -- and that limited choice or ignorance diminishes such freedom. Yet an incomplete freedom is what many individuals, groups, and states advocate when they commit to particular cultural traditions or religious beliefs, despite the autonomy they themselves enjoy. Gill traces the implications of these conflicting views by drawing on recent scholarship and legal decisions in six areas: national citizenship, cultural membership, ethnicity and gender, religious belief, sexuality, and civic education. By exploring the tensions between autonomy and diversity in such instances as Boy Scouts membership restrictions, gay rights legislation, and education among the Amish, she not only offers an insightful commentary on current issues but also explores themoral foundations of liberal thought. Unlike those who criticize liberalism for its shallow philosophical grounding, Gill shows it to have a substantive moral content grounded in the individual's capacity to make rational decisions based on critical reflection. In her tightly woven arguments, she explores real-world problems in a meaningful way for students and for anyone concerned with the future of liberalism, showing that becoming free is an ongoing process of human and social development.
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