Anti‐Discrimination Law, Religious Organizations, and Justice. (8th April 2014)

• Record Type: Journal Article
• Authors: Bailey, Adam D.
• Is Part Of: New Blackfriars. Volume 95:Number 1060(2014:Nov.)
• Page Start: 727
• Page End: 738
• Publication Date: 2014-04-08
• Subjects: Periodicals; Periodicals; 271.2
• DOI: 10.1111/nbfr.12062
• Languages: English
• ISSNs: 0028-4289

Abstract

<abstract abstract-type="main"> <title>Abstract</title> <p>In many jurisdictions the list of factors for which anti‐discrimination law applies has been expanded to include sexual orientation. As a result, moral and legal difficulties have arisen for religious organizations whose basic beliefs include the belief that sexual acts between persons of the same sex are immoral. In light of these difficulties, is anti‐discrimination law of this sort unjust? Recently John Finnis has argued that, as commonly applied, such anti‐discrimination law is disproportionate and therefore unjust. In this essay, I critically examine Finnis's argument, and argue that, on account of the conception of disproportionateness that is employed, it does not succeed. So as to enable the argument from disproportionateness to succeed, I develop and defend a modified conception of disproportionateness.</p> </abstract>