Adjudicating Religious Intolerance

Abstract

Allegations of religious intolerance push courts to deliberate on questions that are constitutive of the problem space of secularism. In addition to legal opinions on the character and scope of religious freedom vis-à-vis conflicting rights, these arbitrations result in authoritative statements on what constitutes religion, how it may inhabit public space, and, ultimately, what interests and values underpin the national collective. This article analyzes three high-profile court cases alleging religious intolerance against Afro-Brazilian religions that were tried in Brazil during the first two decades of the 2000s. It demonstrates how at this time of rapid religious transformation the adjudication of such cases acted as a key site for the Brazilian legal establishment to redefine the place of religion in the broader context of rights and laws that regulate religion in public spaces.