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Religious Freedom and Gay RightsEmerging Conflicts in the United States and Europe$
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Timothy Shah, Thomas Farr, and Jack Friedman

Print publication date: 2016

Print ISBN-13: 9780190600600

Published to Oxford Scholarship Online: June 2016

DOI: 10.1093/acprof:oso/9780190600600.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

Equality and Religious Liberty

Equality and Religious Liberty

Oppressing Conscientious Diversity in England

Chapter:
(p.21) 1 Equality and Religious Liberty
Source:
Religious Freedom and Gay Rights
Author(s):

John Finnis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190600600.003.0002

This chapter details a recent string of cases in UK courts and the European Court of Human Rights (ECtHR) that sought to balance competing rights to religious freedom and non-discrimination (equality). It argues that efforts to prevent discrimination on the basis of sexual orientation have instead resulted in wrongful discrimination against religious persons. The UK and European courts, it maintains, have failed to develop a reasonable doctrine of accommodation for individuals who make conscientious religious objections to generally applicable (typically, anti-discrimination) laws. Instead, they have tended to levy disproportionate restrictions against religious freedoms, such as when the UK Supreme Court held that the owners and operators of a hotel could not, for religious reasons, deny a double room to a homosexual couple, even when this rule applied to all unmarried couples.

Keywords:   accommodation, religious liberty, discrimination, equality, gay rights, European Convention on Human Rights, Equality and Human Rights Commission, European Court of Human Rights

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