"In the U.S., most people are familiar with our Constitution and the Bill of Rights as the foundations of our government. What is less well-known is that the Bill of Rights was a compromise to gain the support of those who had concerns about the strong federal government created by the Constitution. This latter group felt the powers of the federal government needed to be tempered, which the Bill of Rights does by providing protections to the minority and not the majority.
"The result of this grand and inspired design is that the U.S. is a richly pluralistic society in which structural forces work to push us toward compromises and solutions. Pluralism does not mean we must or do agree with one another. But it has created a country where for over 200 years we have always figured out how to solve problems, move forward, and get along with one another — despite being the most diverse nation on earth in terms of creed, culture, and views. The U.S. is the land where all we ask is who you want to be, not who are you."
In an op-ed published in Real Clear Religion (dated July 18, 2018), Professor Robin Fretwell Wilson and her co-author Bill Eskridge (Yale Law School) analyze the meaning of Justice Anthony Kennedy's majority opinion in the Masterpiece Cakeshop case.
Their book “Religious Freedom, LGBT Rights and the Prospects for Common Ground” (William N. Eskridge, Jr. & Robin Fretwell Wilson, eds., Cambridge University Press, 2018) will be out in the fall.
Real Clear Religion op-ed.
Note: The views expressed are those of the author(s) and do not necessarily reflect the views of the University of Illinois College of Law.