Authors
Nelson Tebbe, Micah Schwartzman, Richard Schragger
Publication date
2016/7/19
Journal
Law, Religion, and Health in the United States (Elizabeth Sepper, Holly Fernandez Lynch, and I. Glenn Cohen, ed., Cambridge Univ. Press, 2017 Forthcoming), Cornell Legal Studies Research Paper
Issue
16-25
Description
In considering contemporary conflicts between religious freedom and equality law, a mediating principle has proved to be important, namely the rule that governments granting religious accommodations to some citizens should avoid harm to others. Normally, when government lifts regulatory burdens on religious actors, any associated costs are covered by the government itself, or by the public. But sometimes, the costs of religious accommodations are shifted to other private citizens. And when that happens, constitutional concerns arise. Recently, the rule against third party harms has come up in conflicts over reproductive freedom for women, marriage equality, and civil rights for LGBT citizens.
Total citations
201720182019202020212022202320241421211
Scholar articles
N Tebbe, M Schwartzman, R Schragger - Law, Religion, and Health in the United States …, 2016