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Category: Conscience Protection

Conscience Protection
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Why the Government Shouldn’t Force Bakers—Or Anyone—to Express Support for Same-Sex Marriage

Antidiscrimination laws are fully within the government’s authority—but only when the government is not using such laws as part of a campaign to compel people to express “by word or act” their support for a government-prescribed orthodoxy. The second in a two-part series.

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How to Think About Discrimination: Race, Sex, and SOGI

Sexual orientation and gender identity (SOGI) antidiscrimination laws are unjustified, but if other policies are adopted to address the mistreatment of people who identify as LGBT, they must leave people free to engage in legitimate actions based on the conviction that we are created male and female and that male and female are created for each other.

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Moral Complicity at Court: Who Decides?

American history is rife with examples of conscientious objectors whose right to religious freedom was respected, even if it conflicted with governmental interests. The Little Sisters of the Poor deserve the same respect, and all Americans who value religious liberty have the duty to stand with them.

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Liberty and SOGI Laws: An Impossible and Unsustainable “Compromise”

Big Business and Big Law are using Big Government to impose their cultural values on small businesses and ordinary Americans. Indiana does not need to create new laws on sexual orientation or gender identity for people who identify as sexual minorities to be treated justly. The best way to protect all Hoosiers is for Indiana not to adopt a SOGI policy at all.

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The Shopkeeper’s Dilemma and Cooperation with Evil

A shopkeeper who objects to sex-same weddings but who nevertheless provides services at such weddings generally acts in a morally permissible way if he acts to comply with a validly-enacted law, to preserve the goodwill of his business, and to make a just profit. Nevertheless, a law that in this way coerces a shopkeeper to cooperate with actions he reasonably believes immoral is gravely unjust.

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What Reason Can Know and What Government Should Legislate: A Rejoinder to Arkes

The existence of objective moral truth that is knowable by reason does not imply that people generally, much less particular public officials, will in fact know and embrace that truth. Very often, they won’t, and that is why systematic limits on government power, such as the Religious Freedom Restoration Act, are good laws.

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