Proportionality, Equality Laws, and Religion by Pearson, Megan;

Short description:

This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada and the USA. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Long description:

This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

'An important and well-focused contribution to a pressing academic and policy debate.'

Professor Peter Edge, Oxford Brookes University, UK

'The author tackles one of the hardest and most controversial problems in human rights and equality law. By way of calm, careful and thorough analysis, enhanced by comparative material, she shows that the rigorous application of proportionality's justificatory structure produces balanced solutions which can hope to command a high degree of legitimacy.'

Professor Julian Rivers, University of Bristol Law School, UK

'The legal conflict between freedom of religion and other human rights is one of the most vexed questions of our age. All too often participants in these debates take entrenched positions and talk past each other. Megan Pearson’s scholarly and insightful book is not only a timely and comprehensive guide but also points to the nuanced and practical ways in which seemingly irreconcilable arguments can be treated with full respect.'

Professor Ian Leigh, University of Durham, UK

Table of Contents:

1. Introduction

2. Legal Frameworks

3. Resolving Conflicts Between Religion and Other Claims

4. Interference and Justification

5. Proportionality

6. Religious Claims in Secular Employment

7. Discrimination and Religious Employment

8. Religious Organisations and Services

9. The Secular Marketplace and Religious Claims

10. Conclusion