Publication details

Business Owners' Religious Objections to Same-Sex Marriage: The American Versus European Perspective



Year of publication 2022
Type Article in Periodical
Magazine / Source ConLawNOW
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords same-sex marriage; religious objectios; Masterpiece Cakeshop; Ashers Baking Company
Description This Article focuses on the Lee v. Ashers Baking Company case from the Supreme Court of the United Kingdom, a decision similar to that of the U.S. Supreme Court in Masterpiece Cakeshop v. Colorado Civil Rights Commission. Both cases involved bakers whose religious objections to same-sex marriage led them to refuse to sell cakes to gay customers. The Article discusses several common ideas appearing in these cases, mainly the need to distinguish between the message and the messenger when applying antidiscrimination law and the role of fundamental rights in the assessment. Based on this analysis, the Article then suggests general steps for courts to follow when dealing with similar issues in the future.
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