Description

In the United States and beyond two conceptions of the secular state are vying for supremacy: secularism, an ideology that seeks to promote a secular order dominated by the values of equality and non- discrimination; and secularity, a framework for pluralism that seeks to create constitutional space for a variety of conceptions of the good. The battle between these ideals is evident in the recent Hobby Lobby case that was decided 5-4 by the U.S. Supreme Court along ideological lines, with the four liberal justices siding with secularism and the five more conservative justices advocating secularity. In June 2015, the Supreme Court held that there is a constitutional right to same sex marriage, which raises more questions about the contest between secularity (which would tolerate dissenting views) and secularism (which would penalize dissenters). In this lecture, Professor Scharffs will evaluate the meaning and implications of of the secularism/secularity divide.

About The Speaker
Professor Scharffs is a scholar of international and comparative law and religion. He has taught at Yale and The George Washington University Law School, and is currently Francis R. Kirkham Professor of Law and Associate Dean at Brigham Young University Law School. He received a BSBA and MA from Georgetown University, a B.Phil from Oxford University, where he was a Rhodes Scholar, and JD from Yale Law School.