Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, September 29, 2016

Richard Epstein on the USCCR "Peaceful Coexistence" Report

I agree entirely with Marc DeGirolami's shredding of the recent and really lousy USCCR report on religious freedom and antidiscrimination law.  Another helpful take-down has been posted by Prof. Richard Epstein, here.  A taste:

[Baronelle] Stutzman has thought long and hard about her position. She draws subtle distinctions key to her faith. She works hard to respect the beliefs of those who disagree with her. She understands that she risks the loss of their business and that of others by living according to her beliefs. But she draws a line on principle. Her conduct bears no relationship to a “prejudiced or closed-minded person, especially one who is intolerant or hostile towards different social groups.” Her actions are not borne of some irrational fear.

But the words “bigotry” and “phobia” clearly do apply to the five commissioners who happily denounce people like Stutzman. They show no tolerance, let alone respect, for people with whom they disagree. They exhibit an irrational fear of those people’s influence. They show deep prejudice and hostility to all people of faith. They indulge in vicious overgeneralizations that make it harder to live in peace in a country with people of fundamentally different views. And they seem to take pleasure in bullying little people who can’t fight back. . . .

https://mirrorofjustice.blogs.com/mirrorofjustice/2016/09/richard-epstein-on-the-usccr-peaceful-coexistence-report.html

Garnett, Rick | Permalink