American flag waving in blue skyWritten by Don Byrd

In the New York Times Magazine, Emily Bazelon writes a thoughtful piece pondering the current debates over the meaning and reach of religious liberty. She discusses first the American tradition of religious accommodation before turning to today’s climate, in which, she laments, “tolerance no longer seems to be the word of the day” on either side of the debate.

Here is an excerpt:

Making exceptions to the law for people of faith has become part of the American definition of religious tolerance, part of our ethos of live and let live. It has also helped keep the peace in a polyglot nation. In France, it’s illegal for a Muslim woman to wear a head scarf at a public school. In the United States, it’s illegal for a clothing store to refuse to hire a Muslim woman because she wore a head scarf to her job interview. When the Supreme Court issued that ruling last month, eight of nine justices agreed that Samantha Elauf, who lost out on a job at Abercrombie Kids because of a companywide policy banning head coverings, was asking for ‘‘favored treatment’’ — to which she was entitled by federal employment law. ‘‘This is really easy,’’ Justice Antonin Scalia said, announcing the decision from the bench.

And yet we’ve arrived at an unfortunate impasse over the meaning of religious liberty.

Read the whole thing.