Equality in Sheep’s Clothing: The Implications of anti-Discrimination Norms for Religious Autonomy
Brett G. Scharffs, 𝘌𝘲𝘶𝘢𝘭𝘪𝘵𝘺 𝘪𝘯 𝘚𝘩𝘦𝘦𝘱’𝘴 𝘊𝘭𝘰𝘵𝘩𝘪𝘯𝘨: 𝘛𝘩𝘦 𝘐𝘮𝘱𝘭𝘪𝘤𝘢𝘵𝘪𝘰𝘯𝘴 𝘰𝘧 𝘢𝘯𝘵𝘪-𝘋𝘪𝘴𝘤𝘳𝘪𝘮𝘪𝘯𝘢𝘵𝘪𝘰𝘯 𝘕𝘰𝘳𝘮𝘴 𝘧𝘰𝘳 𝘙𝘦𝘭𝘪𝘨𝘪𝘰𝘶𝘴 𝘈𝘶𝘵𝘰𝘯𝘰𝘮𝘺, 10 Sᴀɴᴛᴀ Cʟᴀʀᴀ J. Iɴᴛ'ʟ L. 107 (2012).
freedom, equality, religion, religious freedom, discrimination, nondiscrimination
The most significant dialectic in law and religion jurisprudence over the past fifty years has been between freedom and equality. This struggle has played out in a number of contexts and in a number of legal jurisdictions. This paper will focus on three snapshots -- an employment discrimination case from Ontario, Canada; a pair of German church autonomy cases recently decided by the European Court of Human Rights; and the controversy over Catholic adoption services in the State of Massachusetts, and elsewhere in the Untied States as well as in the United Kingdom. These comparative illustrations highlight some general recurring issues that arise when religious freedom, on the one hand, and equality/nondiscrimination norms, on the other hand, come into tension with each other. Patterns and trends are troubling and bode ill for religious freedom.
10 Santa Clara J. Int'l L.
Santa ClaraJournal International Law