Sunday, January 24, 2021
Alan Brownstein (UC-Davis) and I have published the above-titled article, subtitled "A Dialogue on Religious Liberty and Equality." You can download it here. I've respected Alan's work--its carefulness, clarity, and honesty--for a long time and am very happy we've been able to do this together. From the abstract:
This essay is a collaborative effort to engage in a dialogue on church-state issues that are often hotly debated in our society. Each of us has strongly held positions on the disputes we plan to discuss. Our purpose here, however, is not to present our own views as forcefully as we can. Instead, our goal is to move away from the bitter polarization and demonization that characterizes so much of the arguments about law and religion today. We are searching for ways to discuss and resolve difficult church-state issues that may reduce acrimony and divisions within our society, foster bridge building among divergent communities, identify common ground and provide opportunities for compromise.
It's forthcoming in The Journal of Appellate Practice and Process, a publication provided to every federal and state appellate judge in the nation. The dialogue format--each of us writing specific sections with responses from the other, rather than trying to homogenize our views in a singe text--allows us, we hope, to present disagreements clearly while also suggesting places of common ground and potential solutions.