1 - Introduction

Summary

A Muslim girl seeks exemption from her school's dress code policy so she can wear a headscarf in accordance with her religious convictions. Newly arrived immigrants invoke the use of cultural evidence in defense against criminal charges. Over one hundred years after the Church of Jesus Christ of Latter-day Saints renounced polygamy, Mormon fundamentalists continue to practice it and argue for its decriminalization. Aboriginal groups insist on the right of self-government, including the right to determine their own membership rules. These claims are not simply demands for the enforcement of anti-discrimination law; they are also demands for positive accommodation of particular beliefs and identities. In practice, democratic governments in the West already grant a variety of accommodations to religious and cultural minorities, including exemptions to generally applicable law, support for the pursuit of cultural practices, and limited self-government rights.

By the term “accommodation” I mean to include measures involving both redistribution and recognition. In some cases, minority groups seek remedies for material disadvantages they suffer on the basis of their minority status. Such remedies include compensation for past discrimination, ensuring equal access to educational and employment opportunities, or economic restructuring of some sort. But many claims of minority cultural groups are not reducible to economic claims. Behind these claims is the view that material goods are not sufficient to ensure people's well-being; another crucial condition is the possession of self-respect, and this is tied to the respect others express or withhold.