What if Religion Is not Special? Political Justification Beyond the Religious–Secular Distinction

Abstract Debates about the legitimacy of democratic decision-making often treat religion as a central category. In contrast, I propose an institutional account of democratic legitimacy that does not rely on the secular–religious distinction. On this view, religion is not politically special. It is socially special, though not uniquely so. Like science, the arts, or the family, religious practices merit appropriate treatment based on their distinctive characteristics. Thus, rejecting the idea that religion is uniquely special does not preclude democratic states from granting it special treatment. I examine Eisgruber and Sager’s egalitarian account of religious exemptions and argue that the institutional account provides a more compelling explanation of their legitimacy.