Religious Rights versus Sexual Orientation Discrimination: A Fair Deal for Everyone

Abstract

This article examines restrictions on the right to manifest one’s religion which are held to be justified for the protection of the rights of others, in particular, the right not to be discriminated against on the ground of one’s sexual orientation. Eweida and Others v. the United Kingdom is scrutinised and it is argued that this suggests three possible ways of dealing with cases where an employee refuses to carry out certain parts of their job because of their religion or belief: using the “free to resign” rule; imposing a duty of reasonable accommodation on employers; and, providing for a conscientious objection exemption. These will be analysed with particular attention for their restrictions and limitations. This should lead to a conclusion as to whether these rights can be reconciled in a way that provides a fair deal for everyone.