ABSTRACT
This chapter examines the advantages of an identity approach to religious freedom by distinguishing it from choice and interest approaches. The aim is to assess the different approaches taken to religious freedom in public decision-making, especially by courts. Case studies from North America and Europe indicate that when religion is understood as an identity, courts are more willing to consider evidence and values related to historical injustice and group inequality than when religion is interpreted as an individual choice. At the same time, an identity approach raises challenges and dilemmas with respect to the fair treatment of individuals and minorities within religious minorities.
