Religious Freedom and Balancing Clauses in Discrimination Law

I have just returned from an excellent conference in Oxford on Magna Carta and Freedom of Religion or Belief, sponsored by the International Centre for Law and Religion Studies. While there I had the privilege of presenting a paper on the subject, “Freedom of Religion and Balancing Clauses in Discrimination Legislation”, which can be downloaded here for those who are interested. The paper provides an overview of some of the interactions between laws prohibiting unjustified discrimination, and the protection of religious freedom, where there may sometimes be a clash between these different important rights. When I have had a chance to digest it properly I will probably explore in more detail some of the implications for religious freedom of the recent US Supreme Court decision on same sex marriage, which intersects with some of the material in the paper.

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