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The debate over religious lawmaking pits respect for religious pluralism against moral identity-with liberal theorists contending that religious lawmaking is generally suspect in a morally and religiously diverse polity like the United States, and communitarian ones arguing that lawmakers cannot, and should not, be expected to suppress their religious commitments in their public policy making. Looking carefully at both sides of this ongoing debate, Lucinda Peach explores the limitations as well as the value of these conflicting perspectives, and proposes a solution for their reconciliation. Peach breaks from traditional analysis as she contends that both sides of the argument are fundamentally flawed. Neither side has been willing to recognize the merit of the other's arguments, and both have ignored the gender-based disparities of religious lawmaking (particularly with respect to the effect religion has had on reproductive rights and abortion regulation). Using an interdisciplinary approach, the book argues for a pragmatic solution to this impasse which will respect religious pluralism, moral identity, and gender differences. Peach's proposals will be of interest to philosophers, legal theorists, and scholars in women's studies and political science.
E-Book Content
Legislating Morality: Pluralism and Religious Identity in Lawmaking LUCINDA PEACH OXFORD UNIVERSITY PRESS Legislating Morality This page intentionally left blank Legislating Morality Pluralism and Religious Identity in Lawmaking lucinda peach 1 2002 3 Oxford New York Athens Auckland Bangkok Bogotá Buenos Aires Cape Town Chennai Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kolkata Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi Paris São Paulo Shanghai Singapore Taipei Tokyo Toronto Warsaw and associated companies in Berlin Ibadan Copyright © 2002 by Lucinda Peach Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Peach, Lucinda J. Legislating morality : pluralism and religious identity in lawmaking / Lucinda Peach. p. cm. ISBN 0-19-514371-X 1. Legislation—United States—Moral and ethical aspects. 2. Religion and law—United States 3. Law and ethics. I. Title. KF4930 .P43 2002 340'.112—dc21 2001133042 9 8 7 6 5 4 3 2 1 Printed in the United States of America on acid-free paper For His Holiness, the fourteenth Dalai Lama of Tibet, who is unsurpassable in facilitating human understanding of religious pluralism and the necessity of acknowledging and respecting the differences as well as the similarities among the world’s religious and cultural traditions in the pursuit of global peace. This page intentionally left blank Acknowledgments This book has had a long gestation period, which began with my dissertation several years ago, and has included numerous revisions amid a myriad of other projects and life changes. The book is a kind of hybrid, reflecting my earlier training in law, as well as my doctoral work in religion, philosophical ethics, and feminist theory. Both the underlying research and the approaches to religious lawmaking that I recommend reveal that hybridization of training: the work not only examines the Supreme Court’s jurisprudence on the issue and recommends a legal solution but also analyzes prominent philosophical perspectives and recommends a theoretical solution to the issues raised by religious lawmaking. In keeping