ABSTRACT
Liberal theory today, for the most part, has come round to the view that some degree of state accommodation of minority cultural practice is required as a matter of justice. Debate then shifts to determining the best justifications for, and the appropriate extent of, differentiated policy. Given the extent to which he acknowledges the critical importance of religious freedom to human well-being, Barry's sweeping rejection of religious conduct exemptions from generally applicable laws might strike some as incongruous. The precept of formal justice that similar cases be treated similarly excludes certain forms of procedural injustice. But the precept, in itself, provides no assurance of substantive justice, for its application will of course turn on what we take to be relevant similarities and differences among persons. The universalist notion that all persons, merely as such, should receive the same rights has indeed performed significant work in promoting substantive justice in a number of contexts.
