Religion and Equality Law

Nelson Tebbe is Professor of Law at Brooklyn Law School, USA.

• Contents: Introduction; Part I Frameworks and Overviews: Theoretical Frameworks: Formal, substantive, and disaggregated neutrality toward religion, Douglas Laycock; ’Introduction’ and ’Freedom from compelled profession of belief, adverse targeting, and discrimination’, Kent Greenawalt; ’Blooming confusion: religious equality in the age of Madison’, and ’Unprincipled religious freedom’, Steven D. Smith; Religion, equality, and non-discrimination, Nazila Ghanea; Issues and Overviews: Islam and human rights, Abdullahi Ahmed An-Na’im; The constitutional framework for the protection of religious and related rights in South Africa, Lourens du Plessis; Religious liberty in the state of Israel, Natan Lerner; Discrimination between religions: some thoughts on reading Greenawalt’s Religion and the Constitution: Establishment and Fairness, John Finnis. Part II Discrimination Against Religion: Theoretical Frameworks: Free exercise revisionism and the Smith decision, Michael W. McConnell; Equal liberty, Christopher L. Eisgruber and Lawrence G. Sager; Headscarf Controversies: The Republic and the veil, John R. Bowen; Belief and/in the law, Mayanthi L. Fernando; Secular constitutionalism and Muslim women’s rights: the Turkish headscarf controversy and its impact on the European Court of Human Rights, Hilal Elver. Part III Discrimination by Religion: Employment, Family Law, and Customary Inheritance: The irony of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, Caroline Mala Corbin; Religious freedom and the nondiscrimination norm, Richard W. Garnett; Keeping faith: reconciling women’s human rights and religion, Madhavi Sunder; Inheritance and disinheritance: African customary law and constitutional rights, Nelson Tebbe. Part IV Discrimination in Favour of Religion: Theoretical Frameworks: The problem of singling out religion, Michael W. McConnell; Introduction, Philip B. Kurland; Ten Commandments, three plastic reindeer, and one nation...