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31 Notre Dame J.L. Ethics & Pub. Pol'y 253 (2017)
The Equivalence of Religion and Conscience

handle is hein.journals/ndlep31 and id is 269 raw text is: ARTICLES THE EQUIVALENCE OF RELIGION AND CONSCIENCE LUCIEN J. DHOOGE* Man worships not himself, but his Maker; and the liberty of conscience which he claims is not the service of himself, but of his God. I If an individual deeply and sincerely holds beliefs that are purely ethical or moral in source and content... those beliefs certainly occupy in the life of that individual 'a place parallel to that filled by... God' in traditionally religious persons. ' ABSTRACT This Article examines issues posed by the equation of religious liberty with secular conscience, utilizing federal law and the law in those states which have adopted religious freedom restoration acts (RFRAs). The Article ini- tially addresses the definition of religion through an examination of appli- cable literature and federal and state case law. The same approach is utilized to define conscience. The Article then examines similarities between the two concepts and the implications of their equivalence. The Article concludes that religion and conscience are moral equivalents that require equal legal treatment. However, equal treatment should proceed with caution in order to address potential negative consequences. I. INTRODUCTION There have been significant recent developments potentially impacting religious liberty.3 Some of these developments have been * Sue and John Staton Professor of Law, Scheller College of Business, Georgia Institute of Technology. 1. THOMAS PAINE, THE RIGHTS OF MAN, 65 (Ernest Rhys ed., 1791). 2. Welsh v. United States, 398 U.S. 333, 340 (1970). 3. See, e.g., Obergefell v. Hodges, 135 S. Ct. 2584, 2598-2605, 2607-08 (2015) (con- cluding that same-sex couples may exercise the right to marry pursuant to the Due Pro- cess and Equal Protection Clauses of the U.S. Constitution and that there was no lawful basis upon which states could deny recognition to lawful same-sex marriages performed in other states); Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2775 (2014) (hold- ing that privately-owned for-profit business associations possess free exercise rights).

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