Conscientious Objection and the Politics of Cake-Making

Abstract

In two recent cases, one in the USA and the other in the UK, courts have considered conscientious objection claims made by cake bakers who objected to providing a cake for the celebration/advocacy of same-sex marriage. I will argue that the issue in these cases is not the reasonable balance between the individual’s religious interests and the interests or rights of others in the community but is instead whether the individual’s religiously based objection should be viewed as an expression of personal religious conscience or as a (religiously grounded) civic position or action that falls outside the scope of religious freedom protection. In determining whether a conscientious objection should be viewed as a personal/spiritual matter or instead as a civic/political position, two factors are relevant. The first is whether the individual is being required to perform the particular act (to which she/he objects) because she/he holds a special position not held by others. The other factor is the relative remoteness/proximity of the act that the objector is required to perform from the act that she/he considers to be inherently immoral. The more remote the legally required action, the more likely we are to regard the objection as a political position.