The Dilemma of Religious Lawmaking

Lucinda Peach

in Legislating Morality

Published in print March 2002 | ISBN: 9780195143713
Published online February 2006 | e-ISBN: 9780199786053 | DOI:
 The Dilemma of Religious Lawmaking

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This chapter begins with a discussion of the meaning of the term religious lawmaking. It then describes the factors that make religious lawmaking constitutionally problematic in a morally and religiously pluralistic society. It argues that religious lawmaking in the U.S. is contentious for several reasons, including the publicly inaccessible character of religion; the consequent tendency of religiously based laws to alienate, exclude, coerce, or be politically divisive of nonbelievers; the gender bias of prominent religious traditions in the U.S.; and the magnification of that bias when incorporated into the binding laws of a morally and religiously pluralistic society. These problems are evident in the religious influences on abortion laws.

Keywords: religious lawmaking; religion; abortion regulation; gender bias; society

Chapter.  12479 words. 

Subjects: Philosophy

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