Against LGBT Exceptionalism in Religious Exemptions From Antidiscrimination Obligations

Authors

Carlos A. Ball

Abstract

(Excerpt)

In my estimation, Tebbe is correct that contested legal and policy questions arising from the intersection of religious freedom and equality principles demand difficult normative work. But, after reading the book, I am not sure he realizes the extent to which his social coherence approach is historically driven. Whether through analogies from concrete, past cases or by abstracting normative principles from past cases, Tebbe is essentially looking at how the country has, in the past, accommodated religious freedom in the pursuit of other objectives to guide us through current religious liberty controversies involving LGBT rights and reproductive freedom.