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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Religious Freedom and Gay Rights: Emerging Conflicts in North America and Europe

ISBN13: 9780190600617
Published: July 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: £22.99

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In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty.

Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other.

As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom - such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have suffered a corresponding decline.

Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe.

What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.

Human Rights and Civil Liberties
Matthew Franck
I. The United Kingdom
1. Equality and Religious Liberty:
Oppressing Conscientious Diversity in England
John Finnis
2. Gay Rights Versus Religious Rights
Stephen Law
3. At the Door of the Temple:
Religious Freedom and the New Orthodoxy
Archbishop Tartaglia
II. The United States
4. Wrongful Discrimination? Religious Freedom, Pluralism, and Equality
Richard W. Garnett
5. Civil Marriage for Same-Sex Couples, "Moral Disapproval"
and Tensions Between Religious Liberty and Equality
Linda C. McClain
6. The Politics of Accommodation: The American
Experience with Same-Sex Marriage and Religious Freedom
Robin Fretwell Wilson
7. Die and Let Live? The Asymmetry of Accommodation
Steven D. Smith
III. Continental Europe
8. Tensions Between Claims for Homosexual Equality
and Religious Freedom: Moral and Conceptual Frameworks
Rocco Buttiglione
9. Same-Sex Partnership and Religious Exemptions in
Italy: Constitutional Textualism vs. European Consensus
Andrea Pin
10. A Scandinavian Perspective on Homosexuality,
Equal Rights, and Freedom of Religion
Maarit Jänterä-Jareborg
Roger Trigg