Up Against the Property Logic of Equality Law: Conservative Christian Accommodation Claims and Gay Rights

Posted: 21 Mar 2013

See all articles by Davina Cooper

Davina Cooper

King's College London - The Dickson Poon School of Law

Didi Herman

University of Kent - Kent Law School

Date Written: March 19, 2013

Abstract

This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework.

The paper explores how religious beliefs and sexual orientation are attachments whose power has been unsettled by equality law. But entangled with this property is another — that held in workers’ labour and public bodies’ resources. Arguing against the drive to balance competing interests, the paper uses social property to illuminate the agonistic character of the stakes. At the same time, it questions property as a normative framework for sexual orientation and religious beliefs.

Keywords: Sexuality, Anti-Discrimination Law, Equality, Religion, Belonging, Social Property, Accommodation

Suggested Citation

Cooper, Davina and Herman, Didi, Up Against the Property Logic of Equality Law: Conservative Christian Accommodation Claims and Gay Rights (March 19, 2013). Feminist Legal Studies, Vol. 21, No. 1, 2013, Available at SSRN: https://ssrn.com/abstract=2235579

Davina Cooper (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Didi Herman

University of Kent - Kent Law School ( email )

Canterbury, Kent CT2 7NS
United Kingdom

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