Anti-Discrimination Law, Religious Organizations, and Justice

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 s...

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Bibliographic Details
Main Author: Bailey, Adam D. (Author)
Format: Electronic Article
Language:English
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Published: Wiley-Blackwell 2014
In: New blackfriars
Year: 2014, Volume: 95, Issue: 1060, Pages: 727-738
Further subjects:B Sexual Orientation
B Finnis
B anti-discrimination law
B Freedom Of Religion
B Religious Organizations
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Summary: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.
ISSN:1741-2005
Contains:Enthalten in: New blackfriars
Persistent identifiers:DOI: 10.1111/nbfr.12062