Overview

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.

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9781472456502

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Reviews

'An important and well-focused contribution to a pressing academic and policy debate.' Professor Peter Edge, Oxford Brookes University, UK

'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

Author Information

Megan Pearson is a Teaching Fellow in Employment and Public Law at the University of Southampton, UK.

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