September 8, 2010.
Why protect religious conscience, over and above other forms of moral conscience?
Historically, lots of religious intolerance have led to atrocities.
What’s distinctive of religious belief (not merely theistic religions)? Two characteristics:
There are certain beliefs that are insulated from ordinary standards of reasons and evidence.
This is trying to cache out “faith”
There are certain obligations that are demanded of a believer.
This is why religion comes in conflict with the law, so the need for practices
Potential counterexamples:
Not let in enough: Christian apologists willing to argue/defend Christiantity based on normal standards of evidence.
It’s true there exist intellectualist traditions within religious thought.
Most believers want their beliefs insulated
These are beliefs that are post-hoc rationalizations
Could say these are not religious hypotheses, although they deployed to support religion.
Let in too much: secular people have opinions about the meaning of life that are not subject to reason/evidence. E.g. John Lennon thinks we should give peace a chance, I’m commanded to not go to war.
Whether you think moral views are insulated from reasons/evidence depends on deeper metaphysical views.
Naturalistic moral realist: morality is just like science, so it is answerable to reasons and evidence
Noncognitivist: moral beliefs are actually expressing emotions, so not applicable to rule 1.
Neither of the distinctive characteristics are related to the standard arguments for tolerating religion.
Utilitarian and Rawlsian arguments justify protecting liberty of conscience but would not single out religion.
Nussbaum - doesn’t religion deserve more than toleration, e.g. respect:
Mere toleration: you disapprove but you have to put up with them.
Respect is ambiguous:
recognition respect: “you ought to respect his feelings”
respect for people in virtue of them being people
appraisal respect: “I respect her intellect”
admiration
People conflate 1 (which is uncontroversially owed to strangers), but bait-and-switch with meaning 2.
Nussbaum’s example: Roger Williams founded Rhode Island and discovered the native americans were more similar than he expected.
This still doesn’t justify appraisal respect.
Extend the practice of appealing for an exemption from a law to all matters of conscience.
Worrisome that courts will now have to judge whether matters truly are of conscience.
It’s easier to figure out if 1.) someone is a member of a religion, 2.) if a religion demands a certain behavior rather than to figure out if a person is being genuine.
Maybe pragmatic reasons for status quo, but not moral reasons.