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An Institutional Conception of Religious Freedom?

Ethnic Conflict
Institutions
Political Theory
Religion
Courts
Identity
Jurisprudence
François Boucher
Université de Montréal
François Boucher
Université de Montréal

Abstract

In this paper, I will discuss the conceptual and normative plausibility of an institutional and collective conception of religious freedom. Such a conception claims that freedom of religion is the freedom of the Church. Its subject is the religious organization itself, not the individual members of a religious community. This conception asserts that freedom of religion aims at protecting the sovereignty of religious communities and organizations from government's interferences. The institutional conception of religious freedom thus views Church autonomy as an essential and irreducible component of religious freedom. I will discuss two sets of worries raised by an institutional conception of religious freedom. First, I will discuss the possibility of justifying the fundamental and non-derivative character of Church autonomy in a secular society. Second, I will question the moral legitimacy of allowing religious organizations to be exempted from general laws, especially in the realm of employment and non-discrimination policy.