Jump to ContentJump to Main Navigation
Religious Freedom and Gay RightsEmerging Conflicts in the United States and Europe$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 27 January 2022

Equality and Religious Liberty

Equality and Religious Liberty

Oppressing Conscientious Diversity in England

(p.21) 1 Equality and Religious Liberty
Religious Freedom and Gay Rights

John Finnis

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .