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The Religiously Devout Judge, 64 Notre Dame Law Review 932 (1989)


My subject is the religiously devout judge. I am especially gratified to be addressing this subject here at Notre Dame, where a few years ago, Governor Cuomo of New York gave a very important talk on the problems faced by religiously devout public officials in a nation strongly committed to religious pluralism. His views on that occasion were quite powerfully put, although, as will become clear, he and I do not end up in the same place.

Governor Cuomo, I think, would say that it is wrong for any government official to take conscious account of her own religious understanding as she formulates policy. Indeed, I take that notion to be virtually an axiom of the liberal political consensus, and certainly of contemporary legal theory. It is just that axiom, however, that I propose to challenge.

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