How Anti-Discrimination Became a Religion, and What it Means for Judaism

Mosaic, August 2016

6 Pages Posted: 29 Aug 2016

See all articles by David E Bernstein

David E Bernstein

George Mason University - Antonin Scalia Law School

Date Written: August 08, 2016

Abstract

The American left is still mostly at peace with the American Jewish community because the latter is predominantly irreligious, socially liberal, and politically progressive. A few decades from now, however, the majority of affiliated Jews may well be predominantly religious, socially conservative, and a significant “reactionary” force in politics, especially in New York where Ḥaredim (ultra-Orthodox Jews) are concentrated. Meanwhile, the left is growing increasingly intolerant of traditional religious beliefs, especially when they result in what is deemed to be “discrimination.” The definition of what constitutes actionable discrimination keeps expanding on the one hand, while Orthodox Judaism requires various sorts of discrimination, especially based on sex, on the other. Will the American left defend the religious freedom of American Jews in the future when the religious community is predominately Orthodox? If present trends continue, that seems increasingly unlikely.

Keywords: RFRA, Haredim, ACLU, religious freedom, discrimination

Suggested Citation

Bernstein, David Eliot, How Anti-Discrimination Became a Religion, and What it Means for Judaism (August 08, 2016). Mosaic, August 2016, Available at SSRN: https://ssrn.com/abstract=2830913

David Eliot Bernstein (Contact Author)

George Mason University - Antonin Scalia Law School ( email )

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703-993-8089 (Phone)
703-993-8202 (Fax)

HOME PAGE: http://mason.gmu.edu/~dbernste

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