ABSTRACT
This chapter argues that if the right to cultural autonomy can be defended as a fundamental constitutional liberty, then the cultural defense that follows from it would involve the assertion of a constitutionally protected right. Identifying the right to cultural autonomy as a fundamental American liberty that supports a cultural defense also introduces the possibility of a more uncompromising approach to the problem of pluralism than is available in American law because of judicial reliance upon the great American compromise. Associational rights are often regarded as predominantly political rights; they safeguard groups whose members come together in the pursuit of legitimate political objectives. The case for a right to cultural autonomy is too strong, or objectionably strong, because it seems to afford absolute civil liberty protection to religions and minority cultures. Minority groups are easily caught within the grips of the culture wars.
