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Special, Valuable, and Qualified
from Part I - Philosophical Foundations
Published online by Cambridge University Press: 17 December 2019
This chapter engages in a critical review of the main thesis of Christopher Eisgruber and Lawrence Sager in Religious Freedom and the Constitution (Harvard, 2007), that religion is not “a … category of human experience that demands special benefits and/or necessitates special restrictions” or any “special immunity for religiously motivated conduct.” Against this position, this chapter argues that natural religion of the form manifested in the New York Regents’ prayer outlawed by the U.S. Supreme Court in Engel v. Vitale (1962) is not to be put on the same constitutional level as (or below) other human passionate interests or even conscience. The paper considers the Indian and the European Convention provisions on religious liberty.
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