Enabling Exit: Religious Association and Membership Contract

Abstract

This paper investigates the right of exit from religious associations. The liberal state has a compelling interest in overseeing exit, even if it implies some loss in religious group autonomy. Members should not be bound by rules they find unconscionable. They should be free to leave and able to do so. To enable exit, the paper advocates the use of membership contracts. Religious associations should issue a contract for members working for, residing in, or donating money to the association under a regime of legal exemptions. The membership contract publicises the right of exit and offers a basis for negotiating and contesting its terms. It makes exit less “unthinkable” to members and helps tackle unreasonable economic costs to exit.

The right to a fair exit

“…Liberal political philosophers insisted that individuals have a right of exit from voluntary associations (Barry, 2001; Billingham, 2019; Borchers and Vitikainen, 2012; Eisenberg and Spinner-Halev, 2004; Green, 1998; Kukathas, 1992; Rouméas, 2020; Spinner-Halev, 2000). Discussions have mostly focused on religious and cultural groups, but have recently expanded to include marriage, the market, and even the state (Taylor, 2017).…”