Recommended Citation
Frederick Mark Gedicks, Dignity and Discrimination, 46 BYU L. Rev. 961 (2021).
Keywords
Dignity, Religious Accomodation, Constitutional Law, Religious Conscience, Public Sphere, Private Sphere
Document Type
Law Review Article
Abstract
Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of “dignity” in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustrations. Part V lists other sites of accommodation and briefly discusses how one might use the public/private distinction despite its socially constructed character.
General Notes
Dignity and Discrimination
Publisher
Brigham Young University
Publication Title
Brigham Young University Law Review