Table Of ContentPALGRAVE STUDIES IN RELIGION,
POLITICS, AND POLICY
Free Exercise
of Religion in the
Liberal Polity
Conflicting Interpretations
Emily R. Gill
Palgrave Studies in Religion, Politics, and Policy
Series Editor
Mark J. Rozell
Schar School of Policy and Government
George Mason University
Arlington, VA, USA
This series originated under the co-editorship of the late Ted Jelen and Mark J.
Rozell. A generation ago, many social scientists regarded religion as an anach-
ronism, whose social, economic, and political importance would inevitably wane
and disappear in the face of the inexorable forces of modernity. Of course, noth-
ing of the sort has occurred; indeed, the public role of religion is resurgent in US
domestic politics, in other nations, and in the international arena. Today, religion
is widely acknowledged to be a key variable in candidate nominations, platforms,
and elections; it is recognized as a major influence on domestic and foreign poli-
cies. National religious movements as diverse as the Christian Right in the United
States and the Taliban in Afghanistan are important factors in the internal politics
of particular nations. Moreover, such transnational religious actors as Al-Qaida,
Falun Gong, and the Vatican have had important effects on the politics and poli-
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The “dependent variable” in which we are interested is politics, defined broadly
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Emily R. Gill
Free Exercise
of Religion
in the Liberal Polity
Conflicting Interpretations
Emily R. Gill
Department of Political Science
Bradley University
Peoria, IL, USA
Palgrave Studies in Religion, Politics, and Policy
ISBN 978-3-030-25036-2 ISBN 978-3-030-25037-9 (eBook)
https://doi.org/10.1007/978-3-030-25037-9
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For our grandchildren, in hopes that they will enjoy a world in which
those of majority religions will better refrain from imposing their
beliefs upon others
Emily Hannah Temples
Corinne Gwenith Temples
Nolan James Temples
P
reface
This book originated in broader reflection on the theme of my most
recent book, An Argument for Same-Sex Marriage: Religious Freedom,
Sexual Freedom, and Public Expressions of Civic Inequality (Georgetown
2012). In that project, I argued that same-sex couples should not be
barred from access to the public institution of civil marriage on the basis
of other citizens’ religious objections to their participation. As time
passed, I began to perceive a number of areas in which the religious
views of some citizens seemed to impinge upon the freedom of other cit-
izens, religious or not, to live their lives as they saw fit.
Although the state is supposed to act neutrally toward religion, the
meaning of neutrality is in contention. The framework for this project
is a contrast between formal and substantive interpretations of neutral-
ity. Under formal neutrality, neither benefits nor burdens should accrue
to religion per se. Religion may be benefitted or burdened uninten-
tionally, however, by the application of neutral and generally applicable
laws. Under substantive neutrality, on the other hand, religious prac-
tice sometimes deserves exemptions from these laws to level the playing
field where the free exercise of religion would be burdened but secular
practices would not. Religious exemptions have typically been associ-
ated with minority religious faiths or conscientious convictions, and they
have tended to apply mainly to individuals or small groups. Today, how-
ever, religious majorities increasingly desire not simply freedom from
interference, but also public policies that will ensure their flourishing.
vii
viii PREFACE
These policies may involve public funds, and they may also extend to the
autonomy of both individuals and groups to act in accordance with their
own beliefs in ways that impact the lives of those who may not share
these beliefs.
I argue that in a number of cases formal neutrality may adequately
protect individual rights to the free exercise of religion in accordance
with more general justifications, and that we should be extremely cir-
cumspect in granting broad exemptions under substantive neutrality.
Chapter 1 establishes a general context surrounding current disputes
about religious exercise. Chapter 2 addresses formal and substantive neu-
trality as well as the merits of each, drawing upon Roger Williams and
John Locke as contrasting exponents in embryo of these approaches, as
well as modern approaches to exemptions. Public funding for religiously
affiliated social service programs is discussed in Chapter 3. This should
be awarded only under strict conditions, and it may justify restrictions
on the free exercise of religion to avoid favoring some religious views
over others or religion over nonreligion. Chapter 4 addresses private vol-
untary organizations that do not receive public funding. These groups
need not always reflect public values. They should have wide latitude to
exclude individuals from membership based upon sincerely held moral
convictions, unless all groups were to exclude the same individuals for
the same reasons, as with Jim Crow. Chapter 5 addresses current expan-
sive free exercise claims made by religious organizations, secular cor-
porations, and individuals that complying with civil rights protections
impinges upon their free exercise of religion. It focuses upon the minis-
terial exception and particularly upon the Hobby Lobby and Masterpiece
Cakeshop Supreme Court cases. Finally, Chapter 6 defends the contin-
uation of marriage as a civil status, and it addresses some of the facets
of the possible recognition of plural relationships in the context of both
formal and substantive neutrality.
In the course of developing this book I have written a number of
convention papers, articles, and book chapters that have aided my think-
ing. I most want to thank Gordon Babst, who read what was first a very
long book proposal—longer than some books—before I submitted it
to Palgrave Macmillan for consideration, and who then again read the
entire manuscript, commenting extensively on each chapter, as I wrote
it. He then scrutinized changes I’d made in accordance with his com-
ments, meaning that he went through much of my project three times.
PREFACE ix
Ever since 2007, when he read and liked the proposal for what became
my 2012 book, Gordon has been my cheerleader-in-chief and an invalu-
able colleague with whom to discuss ideas. I am very much in his debt.
I also want to acknowledge the late Ted Jelen. After reading two
of my convention papers several years ago, he pointed out before his
untimely death in 2017 that there was a possible connection between
the paper that evolved into Chapter 2 and that which was the basis for
Chapter 6. Ted was always active in helping other scholars, whether
younger colleagues or those rather long in the tooth like me, to develop
and promote their ideas. His cheerful presence at professional meetings
is sorely missed by many. Ted’s coeditor of the Religion and Politics
Series, Mark Rozell, helped to point me in the right direction after I
suddenly learned of Ted’s demise. Michelle Chen, acquisitions edi-
tor at Palgrave Macmillan, has been most receptive and helpful. John
Stegner, her editorial assistant, has been extremely patient and helpful
as I have navigated the details of this process, which are more complex
than what I have encountered respecting my previous books. An anony-
mous reviewer for Palgrave provided many constructive comments that
improved this project immeasurably. I also thank Bradley University,
from which I retired in 2015, for allowing me to keep an office and to
use interlibrary loan for parts of my research. Dean Christopher Jones of
the College of Liberal Arts and Sciences deserves particular credit here.
Kathy Lundy, administrative support for the Department of Political
Science at Bradley University, has been invaluable in helping me, both
on my own computer and on hers, with details that I often find difficult
to negotiate electronically. Finally, I wholeheartedly thank my husband,
James Temples, for his support throughout this project as well as for
timely and welcome distractions when I needed a break.
I conclude with a point about mechanics. Italics or emphases that
appear within quotations are original unless otherwise indicated.
Peoria, IL, USA Emily R. Gill
c P
oPyright ermissions
Other publishers have generously granted permission to draw on small
portions of several previously published works by the author.
Becoming Free: Autonomy and Diversity in the Liberal Polity, published by
the University Press of Kansas, © 2001. Emily R. Gill. www.kansaspress.
ku.edu. Used by permission of the publisher.
An Argument for Same-Sex Marriage: Religious Freedom, Sexual
Freedom, and Public Expressions of Civic Equality. © 2012. Emily R. Gill.
Reprinted with permission. www.press.georgetown.edu.
“Religious Organizations, Charitable Choice, and the Limits of Freedom
of Conscience.” Perspectives on Politics, 2(4), 741–755 © 2004. American
Political Science Association, published by Cambridge University Press.
“When Free Speech Meets Free Association: The Case of the Boy
Scouts.” Freedom of Expression in a Diverse World, ed. by Deirdre Golash,
147–161. Dordrecht, The Netherlands: Springer, 2010.
“Economic Justice and Freedom of Conscience.” Economic Justice:
Philosophical and Legal Perspectives, ed. by Helen M. Stacy and Win-
Chiat Lee, 49–61. Dordrecht, The Netherlands: Springer, 2013.
“Democracy: A Paradox of Rights?” Philosophical Perspectives on
Democracy in the 21st Century, ed. by Ann E. Cudd and Sally J. Scholtz,
15–27. Cham, Switzerland: Springer, 2014.
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