The Great American Rights Bake Off
Freedom of Religion v. Freedom from Discrimination
Bibliographic Data
| ID | 6309031 |
|---|---|
| Authors | Chelsea Ebin (0000-0002-7624-6192, Rollins College, corresponding author), J Ricky Price (Hobart and William Smith Colleges) |
| Year | 2019 |
| Volume | 41 |
| Issue | 4 |
| Pages | 588-603 |
| Publication date | 2019-12-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | New Political Science (JOURNAL) |
| Journal identifiers | ISSN: 0739-3148 • E-ISSN: 1469-9931 |
| Publisher | Duke University Press (PUBLISHER • US) |
| DOI | 10.1080/07393148.2019.1686736 |
| OpenAlex | W2990094481 |
| Language | EN |
| Citations received | 3 |
Progressive actors are losing the battle to protect LGBT and reproductive rights from conservative claims of a right to religious discrimination. Increasingly, we are witnessing legal challenges premised on the ground that religious actors’ First Amendment rights and women’s and LGBT rights to equal protection and public accommodation are in conflict. This article contextualizes so-called “competing rights” claims within a longer political and legal history. We utilize a discursive institutionalist framework to assess the strategies used both by conservative political actors promoting a “competing rights” agenda and by LGBT activists focused on narrative change and marriage equality. Finding the limited strategy adopted by marriage equality activists cannot effectively withstand the legal challenge mounted by those claiming “competing rights,” we propose a new strategy for resistance premised on a strict interpretation of church/state separation and suggest a strategy for preserving and expanding public accommodation law through the creation of intersectional coalitions
Accommodation · Battle · Human rights · Interpretation (philosophy · Law and economics · Minority rights · Narrative · Political science · Politics · Sociology · American Constitutional Law and Politics · Law · Religion and Society Interactions
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2020 - 2023 (4) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |