Religious exemptions in discrimination law

Sandberg, Russell ORCID: https://orcid.org/0000-0002-4310-9677 and Doe, Christopher Norman ORCID: https://orcid.org/0000-0003-1464-3130 2007. Religious exemptions in discrimination law. The Cambridge Law Journal 66 (2) , pp. 302-312. 10.1017/S0008197307000530

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Abstract

The debate in January 2007, as presented by the mass media, concerning whether an exemption should be provided for Roman Catholic Adoption Agencies from new laws prohibiting discrimination on grounds of sexual orientation in the provision of goods and services, rested upon two erroneous assumptions. The first was an assumption that awarding exemptions on grounds of religion was novel; the second was that the debate concerned whether there ought to be a religious exemption at all. This article seeks to engage with the real debate concerning the Equality Act (Sexual Orientation) Regulations 2007, which is not whether there ought to be a religious exemption (since one has been given) but rather the scope of the exemption. It also aims to show that religious exemptions are common in English law, including discrimination law, and to elucidate the various exemptions, paying particular attention to their beneficiaries and the basis on which discrimination is permitted. In short, this article seeks to understand the state of the law as a whole contextualising the recent moral panic.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	B Philosophy. Psychology. Religion > BL Religion K Law > K Law (General)
Additional Information:	Pdf uploaded in accordance with publisher's policy at http://www.sherpa.ac.uk/romeo/issn/0008-1973/ (accessed 25/02/2014).
Publisher:	Cambridge University Press
ISSN:	0008-1973
Date of First Compliant Deposit:	30 March 2016
Last Modified:	15 May 2023 17:32
URI:	https://orca.cardiff.ac.uk/id/eprint/25798

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