The Sources and Limits of Freedom of Religion in a Liberal Democracy: Section 2(a) and Beyond

PAUL HORWITZ

ABSTRACT

Freedom of religion stands on precarious ground in the landscape of the modern liberal democratic state. While the state and the courts rely on the tools of rational, secular, "neutral" reasoning to strike a balance between protecting individual freedoms and achieving important state goals, the religious adherent is driven by an understanding of existence that defies the liberal tradition of rationalism. In this article, the author examines the conflicts that occur between religious obligations and the needs of the state. Through an examination of Canadian and American jurisprudence concerning freedom of religion, the author provides a critique of some aspects of the modern liberal state's treatment of religion. The author seeks to provide a clear picture of the social and intrinsic value of religion, and suggests that a proper understanding of the value of religion will lead the state to adopt a supportive and accommodating approach toward religious beliefs and practices in the modern state.

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Citation: (1996) 54(1) U.T. Fac. L. Rev. 1.
Copyright © 1996. University of Toronto Faculty of Law Review.
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