tbh "religious liberty" always felt like a uniquely weak reason that you should be allowed to do something. "I know it seems bad, but have you considered that I'm doing it because it's important for no reason?"
idk like. even modern secular liberal societies display such a common penchant for using innocuous feature of religion as an excuse to harass and legally punish the other that an instinct to carve out protections for religious practices seems indisputably useful? otherwise you get situations like France's "muslim women can lose their jobs for wearing hats, even ones required to do said job," nominally coming from a place of secularism and no state religion and feminism and in fact just an excuse to harass muslim women.
so i think understanding "religious liberty" as providing a degree of presumptive (but not infinite) protection is a good instinct for society to have bc people are always trying to figure out new excuses to be dicks to members of social groups they don't like and religion is a major axis along which this dickish behavior occurs.
The other thing is, religious liberty frequently protects choices and behaviors over which people are willing to defy the state at great personal cost.
Insofar as we take "liberalism as armed truce between competing ideologies" seriously, it makes sense to be especially demilitarized on topics where people are especially willing to escalate.
There's something similar with a bunch of special rules and carve-outs for labor unions, which also organized to defy the state at great personal cost.
Stepping up a level, I have an intuition that part of the underlying complaint is that states and legal systems have these sort of truce-like historically contingent elements that are "discovered" based on what a competing power center was willing to have an uprising about. This offends the sensibilities of 1) theorizers who think the state should be total and shouldn't bend to competing power center uprisings as a matter of principle, 2) theorizers who think the state should have universal(ist) rules that can be reasoned to a priori without needing knowledge of any particular time or place like 1648 Germany.
Compare the literal treaties the United States has with multiple tribes of Native Americans and the special rights and privileges that Native Americans have (eg. superior fathersā rights in family law, exceptions to laws regulating gambling), which the keeping of impacts the trustworthiness of other treaties real and potential.
Also compare the Amish and their carve-outs, specifically around compulsory education.
Make yourself organized , enduring, and effective in both use of force and politicking enough and you get realpolitik carve-outs. One does also note that the economic contributions of a group, amount of general disturbance and bother and load on the government and their neighbors they create or lack thereof is relevant to how much being weird can be overlooked and given carve-outs.
That said, note the carve-out from a literal treaty for Native Americans to possess religious items eagle feathers, vs the refusal to create a carve-out for peyote.


















