The foundation of the book is the question why should a liberal state have to tolerate exemptions from generally applicable laws when they conflict with religious obligations but not with any other equally serious obligations of conscience. We have a situation in Ireland whereby religious schools are exempt from applying equality legislation and allowed discriminate against non-religious teachers. Why?
Leiter considers from both consequentialist and deontological grounds whether a moral case can be made to privilege religious over non-religious claims of conscience in matters of principled toleration. His conclusion on his final page is that “toleration may be a virtue, both in individuals and in states, but its selective application to the conscience of only religious believers is not morally defensible”. His conclusion applies both culturally and legally.
The issue of toleration is a complex one in philosophy whereby if full toleration is allowed society will collapse, as everything will be tolerated. Toleration should only be allowed within the law of the land and if exemptions are made on issues of conscience, they should apply to all and not just to religions. Any Government committed to freedom of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare, such as equality legislation.
⏩ Noel Byrne is a retired Civil Servant and a Humanist, with a principal interest in Philosophy, and a particular interest in Ethics and Morality.
Leiter considers from both consequentialist and deontological grounds whether a moral case can be made to privilege religious over non-religious claims of conscience in matters of principled toleration. His conclusion on his final page is that “toleration may be a virtue, both in individuals and in states, but its selective application to the conscience of only religious believers is not morally defensible”. His conclusion applies both culturally and legally.
The issue of toleration is a complex one in philosophy whereby if full toleration is allowed society will collapse, as everything will be tolerated. Toleration should only be allowed within the law of the land and if exemptions are made on issues of conscience, they should apply to all and not just to religions. Any Government committed to freedom of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare, such as equality legislation.
In the Irish case whereby discrimination is allowed against teachers in schools with a religious ethos, and which schools are being funded through taxpayers money the solution is to ensure the majority of schools are secular and non-religious and to have the various religions' beliefs taught outside of the school. There is no justification for discrimination against equality legislation, ever. The issue of this equality discrimination in Ireland is certainly not to do with a suppressed or discriminated church, it is in fact the opposite.
The equality discrimination in Ireland is due to the power of the church, whereby it wishes to continue its control and its influence over our legislators to protect its own ends. It has used this influence on many occasions to amend and delay legislation. It is presently debatable whether in fact the beliefs of the churches in Ireland are held by the majority of citizens and as such churches should not in any sense have an exemption from equality legislation. Equality legislation does not in any way interfere or obstruct the beliefs, dogmas or practices of the religious. If we are to be a tolerant liberal Republic then our legislators have a duty to all citizens whether religious or secular. We cannot have an equal society if one section is pampered and positively discriminated for, to the detriment of the other.
In issues of religion the State must take a neutral position. What the Irish State is doing is suspending its pursuit of the general welfare to tolerate a conscientious practice of a specific group. A basic principle of Rawls Theory of Justice is that toleration follows from the principle of equal liberty.
In terms of the Irish State's allowing exemption to equality legislation, it also needs to be pointed out that these religions are based on beliefs and not reason. These exemptions are unacceptable precedents to allow, and hopefully not the thin edge of the wedge.
Toleration by Leiter’s definition is to “put up with beliefs or practices that one regards as wrong, mistaken or undesirable.” As this allowance of discrimination is enshrined in Irish legislation then it must be presumed our legislators see a principled reason for such exemptions. Why?
In issues of religion the State must take a neutral position. What the Irish State is doing is suspending its pursuit of the general welfare to tolerate a conscientious practice of a specific group. A basic principle of Rawls Theory of Justice is that toleration follows from the principle of equal liberty.
In terms of the Irish State's allowing exemption to equality legislation, it also needs to be pointed out that these religions are based on beliefs and not reason. These exemptions are unacceptable precedents to allow, and hopefully not the thin edge of the wedge.
Toleration by Leiter’s definition is to “put up with beliefs or practices that one regards as wrong, mistaken or undesirable.” As this allowance of discrimination is enshrined in Irish legislation then it must be presumed our legislators see a principled reason for such exemptions. Why?
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