A Secular Liberal Defence of Freedom of Religion: The Case for a Duty of Reasonable Accommodation

In a growing number of instances, legislatures and courts in Europe undervalue freedom of religion claims. The phenomenon is related to the legal acceptance of subjective beliefs about what constitutes religious conduct. This reflects a cultural shift in the understanding of religious liberty as a matter of identity. The secular legal system is structurally insensitive to religious considerations. Liberal secularism calls for correcting this myopia through robust reasonable accommodation, in order to restore the standard methodology applied in situations where fundamental freedoms are limited. Such reasonable accommodation should be extended to generally applicable laws even when their impact is deemed incidental on religious conduct.